Vethanayaki S v. The Tamil Nadu Public Service Commission,

O R D E R The petitioner herein participated in the recruitment process pursuant to the Notification No.11 of 2024, dated 13.08.2024, issued by the first respondent, for direct recruitment to the posts in the Combined Technical Services Examinations (Diploma/ITI Level). Accordingly, the petitioner cleared the written examinations with Rank 7791 and thereafter, she was called for the counselling scheduled to be held on 19.09.2025 in the office of the first respondent through a Memo No.1640/PSD-E1/2025, dated 12.09.2025. The petitioner, accordingly, attended the counselling and on verification of the certificates of the petitioner, the first respondent issued an intimation that the petitioner has been selected provisionally and conditionally for appointment by direct recruitment to the post of Technical Assistant (Civil) in the Tamil Nadu Housing Board, vide Memorandum No.1353/PSD-II/2025, dated 19.09.2025.

¶2It was thereafter, the petitioner was informed that the second respondent being the appointing authority would issue necessary appointment order to the petitioner. Thereafter, the petitioner was awaiting receipt of the appointment order to be issued by the second respondent. As there was no such appointment order received by the petitioner, finally, she made an enquiry and then, she came to know that all other selected candidates along with her have been appointed and then, on enquiry, she came to know that the appointment order that was communicated to her by a registered post has been returned to the office of the second respondent for want of availability of the petitioner at the given address at the relevant point of time in the month of October, 2025. Hence, the petitioner has approached this Court by filing the present writ petition seeking a direction to the second respondent to issue a fresh copy of the appointment order so as to enable her to join in the post in question.

¶3In response to the notice issued by this Court, the second respondent – Housing Board entered appearance through its counsel and it is brought to the notice of this Court that the appointment order was communicated to the petitioner through EMS Speed Post, but the same was returned with an endorsement "No such person in the given address" during the period from 15.10.2025 and 22.10.2025. In view of the same, the second respondent appears to have sought clarification from the first respondent as to what further action to be taken in this matter vide letter dated 03.07.2026 and the second respondent has been awaiting response from the first respondent.

¶4This Court has carefully considered the submissions made on either side and also perused the entire materials available on record.

¶5It is not in dispute that the petitioner, having participated in the recruitment process undertaken by the first respondent, got selected to the post of Technical Assistant (Civil) existing in the second respondent – Housing Board. It is also not in dispute that the second respondent – Housing Board has also issued the appointment order to the petitioner vide Letter No.PNT3/19145/2025-22, dated 13.10.2025, and the same was sought to be communicated to the petitioner through EMS Speed Post immediately thereafter. However, unfortunately, the same could not be served to the petitioner, as she was stated to be absent at the relevant point of time due to the illness of her son and the same was returned to the second respondent.

¶6In the absence of any dispute about the eligibility of the petitioner and appointment order issued by the second respondent to the petitioner for the post in question, denying the petitioner of the benefit of such appointment solely on the ground that the petitioner was not available at the relevant point of time at the given address is wholly unjust, arbitrary and violative of Articles 14 and 16 of the Constitution of India.

¶7There is no provision that would prohibit the second respondent from communicating the said appointment order once again to the petitioner. But, for the reasons best known to them, the second respondent has not chosen to undertake any such exercise nor the petitioner was informed about the same immediately after the same was returned to the second respondent. Had the second respondent taken any such steps, the petitioner would have been in a position to receive the appointment order and immediately thereafter, she would have joined the duty. In the absence of any statutory prohibition prohibiting or cancelling the appointment of the petitioner in the event of failure to receive the same and to join in the post, there is no justification for the second respondent in not communicating the said appointment order once again to the petitioner so as to enable the petitioner to join in the subject post. In the circumstances, when the matter came up for consideration on 07.07.2026, this Court directed the learned Standing Counsel appearing for the second respondent – Board to produce the returned postal cover before this Court for its perusal. Accordingly, learned counsel appearing for the second respondent – Housing Board produced the sealed returned postal cover before this Court and the same is opened today. The appointment order, dated 13.10.2025, which is available in the sealed returned postal cover, is handed over to the learned counsel for the petitioner to enable the petitioner to join in the post in question.

¶8Accordingly, this writ petition is disposed of permitting the petitioner to join in the post of Technical Assistant (Civil) in the second respondent – Board in terms of the appointment order vide Letter No.PNT3/19145/2025-22, dated 13.10.2025, within a period of two weeks from today and in case if the petitioner reports duty within the stipulated time, the second respondent is directed to permit the petitioner to join the duty and to allow her to act in accordance with the said appointment order. No costs. Consequently, connected miscellaneous petition is closed.

08.07.2026 NCC : Index : Internet : Note to Office: Issue order copy by 09.07.2026.

krk MUMMINENI-SUDHEER-KUMAR,-J. krk W.P.(MD)-No.17464-of-2026 and W.M.P.(MD)-No.12933-of-2026

08.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2026 CORAM: THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD) No.12933 of 2026 S.Vethanayaki ... Petitioner -vs- 1.The Tamil Nadu Public Service Commission represented by its Secretary TNPSC Road, Park Town Chennai-600 003 2.The Managing Director Tamil Nadu Housing Board CMDA Complex, E&C Market Road Koyambedu, Chennai-600 017 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the second respondent to issue fresh copy of the appointment order for the post of Technical Assistant (Civil) to the petitioner and permit the petitioner to join in service. For Petitioner : Ms.V.Sundari For Respondents : Mr.V.Panneer Selvam Standing Counsel for R1 Mr.Sumesh Standing Counsel for R2