← Library
Madras High CourtWP/1632/2020disposed of

P.Pachamuthu, v. The Director,

2023-07-05Honourable Mr Justice J.Sathya Narayana Prasad7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2023 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.1632 of 2020 P.Pachamuthu ... Petitioner Vs.

1.The Director, Department of Employment and Training, Guindy, Chennai - 600 032.

2.The Assistant Director, District Employment Office, Dharmapuri District.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents to consider the petitioner's representation dated 02.12.2019 and thereby direct the respondents to sponsor the name of the petitioner for any of the vacant post in the Government department based upon priority certificate dated 20.02.2015 and educational qualification of the petitioner within a stipulated period of time.

For Petitioner :

Mr.B.Sundarapandiyan Page No.1 of 7

For Respondents :

M/s.C.Meera Arumugam Additional Government Pleader

O R D E R

The petitioner has filed this petition seeking direction to the respondents to consider the petitioner's representation dated 02.12.2019 and thereby direct the respondents to sponsor the name of the petitioner for any of the vacant post in the Government department based upon priority certificate dated 20.02.2015 and educational qualification of the petitioner within a stipulated period of time.

2. The case of the petitioner is that the petitioner viz., P.Pachamuthu has completed his Bachelor Degree in Tamil Literature and registered his name before the respondent office in Registration No.DRD2006M00011139 dated 18.08.2006. Subsequent to the said registration, the Tahsildar, Dharmapuri has issued a "Destitution Certificate for an un-employed youth" on 20.02.2015 for priority in employment opportunities based on the demise of petitioner's parents and his poverty condition and the same was also registered before the respondents. This being so, till date, the petitioner's name was not sponsored to any of the Government Departments for the Page No.2 of 7

existing vacant post. Therefore, the petitioner made a representation dated 02.12.2019 before the respondents, however, no order has been passed. Aggrieved over the same, the petitioner has come forward with the present writ petition.

3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 02.12.2019 and pass appropriate orders on merits, within a particular time frame to be fixed by this Court.

4. The learned Additional Government Pleader appearing for the respondents submitted that the petitioner has sent a representation dated 02.12.2019, which is three years back. Hence, she prayed this Court to issue a direction to the petitioner to send a fresh representation to the second respondent, within a time frame to be fixed by this Court.

5. Heard the learned counsel on either side and perused the materials available on record.

Page No.3 of 7

6. Taking into consideration the factual aspects of the matter and without going into the merits of the case, this Court issues the following directions:

(i) the petitioner is directed to send a fresh representation to the second respondent, within a period of two weeks from the date of receipt of a copy of this order.

(ii) on such representation being made, the second respondent is directed to consider the same and pass appropriate orders on merits and in accordance with law, within a period of four weeks thereafter.

7. This Writ Petition is disposed of with the above observation and directions. No costs.

05.07.2023 vm Index :

Yes/No Speaking Order :

Yes/No Page No.4 of 7

To:

1.The Director, Department of Employment and Training, Guindy, Chennai - 600 032.

2.The Assistant Director, District Employment Office, Dharmapuri District.

Page No.5 of 7

J.SATHYA NARAYANA PRASAD,J.

vm Page No.6 of 7

05.07.2023 Page No.7 of 7