U.Thirumalai v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.1086 of 2023 U.Thirumalai Petitioner vs.

1.The Principal Secretary, Secretariat, Labour Department, 2.The Secretary, Labour Welfare and Skill Development, 3.The Director, Directorate of Employment and Training, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai - 600 032.

4.The Director General / Additional Secretary, Directorate General of Training, Government of India, Ministry of Skill Development & Entrepreneurship, New Delhi - 110 001.

Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, direct the respondents to consider the petitioner representation dated 04.04.2022 and to direct the 3rd respondent to appoint him to the Technical Course Teacher post in ITI's Department, Tamilnadu.

For Petitioner : Mr.V.Maharajan For Respondents : Ms.P.Vijaya Devi Government Advocate

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 3rd respondent to consider the representation made by the petitioner on 04.04.2022, wherein, the petitioner has sought for appointing him as a Technical Course Teacher in the IIT Departments in Tamil Nadu. 2.Heard Mr.V.Maharajan, learned counsel appearing on behalf of the petitioner and Ms.P.Vijaya Devi, learned Government Advocate appearing on behalf of the respondents.

3.It is seen from records that the petitioner had already filed an earlier writ petition in W.P.No.5150 of 2014 and the said writ petition was disposed of

by an order dated 14.02.2017 by issuing necessary directions. Even though, the order does not find place in the typed set of papers, the crux of the order has been extracted in the affidavit filed in support of the writ petition. If the above directions issued by this Court have not been complied with, the relief for the petitioner would be to file a contempt petition for non-compliance of the order. The petitioner cannot file an independent writ petition by virtue of filing a subsequent writ petition and seek for a similar relief. Such a writ petition can never be entertained.

4.In the light of the above, this writ petition is dismissed and it is left open to the petitioner to workout his remedy in line with the directions already issued by this Court in W.P.No.5150 of 2014, by an order dated 14.02.2017. No Costs.

19.01.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr To 1.The Principal Secretary, Secretariat, Labour Department,

N. ANAND VENKATESH, J.

ssr 2.The Secretary, Labour Welfare and Skill Development, 3.The Director, Directorate of Employment and Training, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai - 600 032.

4.The Director General / Additional Secretary, Directorate General of Training, Government of India, Ministry of Skill Development & Entrepreneurship, New Delhi - 110 001.

W.P No.1086 of 2023 19.01.2023