S.Sundari, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.09.2023
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.14518 of 2012 S.Sundari ... Petitioner -Vs1.The District Collector, Office of the District Collector, Villupuram District, Tamil Nadu.
2. The Director, Office of the District Employment Exchange, No.35-36, Arumugam Lay-out, Kanyakulam Road, Anna Nagar, Villupuram - 605 602.
3.The Assistant Director of Peruratchi, Cuddalore District, Tamil Nadu.
4.Executive Officer, Kottakuppam Peruratchi, Villupuram District, Tamil Nadu.
5.The Selection Committee, Kottakuppam Peruratchi, Villupuram District, Tamil Nadu.
6. V.Veeraragavan (R6 impleaded as per order dated 31.07.2012 in MP.No.2 of 2012 in WP.No.14518 of 2012) ... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for records relating to the impugned orders of the fourth respondent in Na.Ka.No.215/2011/A1 dated 15.12.2011 and the consequential appointment order issued by the fourth respondent in favour of the sixth respondent in Na.Ka.No.215/2012/A1 dated 07.06.2012 and quash the same as highly illegal and violative of Article 16 of the Constitution of India and consequently direct the respondents 3 to 5 to appoint the petitioner as "sweeper" in the office of the Kottkuppam Town Panchayath, Vanur Taluk, Villupuram District with effect from the date of engagement of the sixth respondent.
(Prayer amended as per order dated 31.07.2012 in M.P.No.3 of 2012 in W.P.No.14518 of 2012) For Petitioner : Mr.D.Magesh For R1 to R5 : Mr.T.M.Rajangam Government Advocate For R6 : Mr.Niduchizhiyan
ORDER
This writ petition has been filed for challenging the appointment of the sixth respondent to the post of Sweeper.
2. Heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the materials available on record.
3. Initially, this writ petition was filed for direction, directing the respondent to provide employment to the petitioner for the post of Sweeper in the office of the fourth respondent.
4. A perusal of the Counter filed by the second respondent revealed that as per the G.O.Ms.No.15, dated 25.01.1998, there is no maximum age limit for sponsoring or appointing a person to the post of Sweeper or Sanitary worker in the Town Panchayat Department. Therefore, though the petitioner was aged about 50 years, her name was sponsored by the second respondent to the fourth respondent. However, other persons who had participated in the interview were selected to the post of Sweeper and the petitioner was not selected on so many grounds, including the ground that she had crossed the age of 50 years. That apart, the sixth respondent now died and as such, the prayer sought for in this writ petition cannot not be considered.
5. Therefore, the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. No costs. 11.09.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order rjr/mn To 1.The District Collector, Office of the District Collector, Villupuram District, Tamil Nadu.
2.The Director, Office of the District Employment Exchange, No.35-36, Arumugam Lay-out, Kanyakulam Road, Anna Nagar, Villupuram - 605 602.
3.The Assistant Director of Peruratchi, Cuddalore District, Tamil Nadu.
4.Executive Officer, Kottakuppam Peruratchi, Villupuram District, Tamil Nadu.
5.The Selection Committee, Kottakuppam Peruratchi, Villupuram District, Tamil Nadu.
G.K.ILANTHIRAIYAN, J.
mn W.P.No.14518 of 2012 11.09.2023