S.Senthilkumar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2023 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR S.Senthilkumar ... Petitioner Vs.

1.The Commissioner, Directorate of Technical Education, Chennai - 25.

2.The Principal, Vallivalam Desikar Polytechnic College, Nagapattinam.

3.The Government of Tamil Nadu, Represented by its Secretary, Technical Education, Fort St. George, Chennai - 600 009.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1st respondent to appoint the petitioner to the post of Junior Assistant as per G.O.Ms.No.1499, Labour and Employment (Q1) Department, dated 03.08.1989, with all attendant and monetary benefits from the date of initial appointment as sought vide representation dated 04.01.2020.

For Petitioner : Mr.N.A.Nassir Hussain For R1 and R3 : Mr.P.Baladhandayutham Special Government Pleader For R2 : Mr.N.A.Nissar Ahmed Standing Counsel for Mr.I.Kawser Nissar

O R D E R

This writ petition has been filed to direct the 1st respondent to appoint the petitioner to the post of Junior Assistant as per G.O.Ms.No.1499, Labour and Employment (Q1) Department, dated 03.08.1989, with all attendant and monetary benefits from the date of initial appointment as sought vide representation dated 04.01.2020. 2.The petitioner states that he was appointed as Record Clerk on 02.07.2001 on compassionate grounds after the death of his father, who died in harness on 11.08.2000. It is the case of the petitioner that he had passed Higher Secondary and ITI even as on the date of his appointment. It is the grievance of the petitioner that G.O.Ms.No.1499, Labour and Employment (Q1) Department, dated 03.08.1989, mandates that a dependent appointed to a lower post like Record Clerk, Office Assistant and Sweeper on compassionate grounds, but if possesses qualification

required for the post of Junior Assistant at the time of initial appointment to a lower post, may be appointed as Junior Assistant. In this regard, the petitioner has submitted his representation through proper channel on 04.01.2020, however, the same has not been considered by the respondents. Hence, the present writ petition has been filed seeking directions to the respondents to appoint the petitioner as Junior Assistant. 3.Heard the learned counsel for the petitioner. 4.Mr.P.Baladhandayutham, learned Special Government Pleader, appearing for the respondents 1 and 3, submitted that the petitioner's representation has not been received by the Government. 5.

G.O.Ms.No.1499, Labour and Employment (Q1) Department, dated 03.08.1989. The entire exercise shall be completed within an outer time limit of two months from the date of this order. 6.With the above directions, this writ petition is disposed of. No costs.

16.08.2023 mkn Internet : Yes Index : Yes / No Speaking order / Nonspeaking order To 1.The Commissioner, Directorate of Technical Education, Chennai - 25.

2.The Principal, Vallivalam Desikar Polytechnic College, Nagapattinam.

3.The Secretary, Government of Tamil Nadu, Technical Education, Fort St. George, Chennai - 600 009.

N. SATHISH KUMAR, J.

mkn 16.08.2023