D.Vetrivel v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2019
CORAM:
THE HON'BLE MR. JUSTICE T.RAJA W.P.No.27942 of 2008 and MP.1 OF 2008 1.D.Vetrivel, aged 34 years 2.P.Tamizhvanan, aged 33 years 3.G.Athirstalakhmi, aged 32 years 4.M.Viswanathan, aged 35 years 5.S.Shankar, aged 35 years 6.S.Kanickaimary Mercy, aged 32 years 7.M.Balasubramanian, aged 37 years 8.S.Dhanasekaran, aged 32 years 9.P.Maheswari, aged 34 years 10.D.Kavitha, aged 34 years 11.S.Sumathy, aged 32 years 12.M.Sivakamasundari, aged 36 years 13.R.Baskar, aged 36 years 14.A.Selvaraj, aged 36 years 15.C.Lalitha, aged 34 years 16.T.Ramesh, aged 38 years 17.D.Vedachalam, 18.P.Bhuvaneswari, aged 34 years 19.V.Kavitha, aged 31 years 20.M.Madavan, aged 37 years 21.M.Malathy, aged 32 years 22.A.Ameer Basha, aged 32 years 23.N.Sugumar, aged 35 years 24.M.Sumathy .. Petitioners Vs 1.The Secretary to Govt., Health and Family Welfare Dept., Fort St. George, Chennai - 9.
2.The Director of Public Health and Preventive Medicine, 359, Annasalai, Chennai - 6.
3.The Commissioner of Employment and Training, Guindy, Chennai - 32.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus to forbear
the respondents from making any appointment to the post of Lab Technician Grade III without considering the petitioners as per the proceedings of the second respondent in Na.Ka.No.10819/Pa.Tho.2/E1/2008, dated 24.07.2008, 28.07.2008, 29.07.2008, 19.08.2008 and 22.09.2008. For petitioner : Mr.S.Selvathirumurugan For R1 to R3 : Mr.K.Ravikumar, AGP
ORDER
The petitioners, who are all aged about more than 30 years, have filed this writ petition in the year 2008 seeking to forbear the respondents from making any appointment to the post of Lab Technician Grade III without considering them as per the proceedings of the second respondent in Na.Ka.No.10819/Pa.Tho.2/E1/2008, dated 24.07.2008, 28.07.2008, 29.07.2008, 19.08.2008 and 22.09.2008.
2. The above said prayer of the petitioners to forbear the respondents from making appointment to the post of Lab Technician Grade-III has become infructuous on the ground of over-age as most of the petitioners have now crossed over and above 40 years.
3. Besides, it is to be noted that earlier, the post of Lab Technician was filled by recruiting the candidates on the basis of seniority maintained in the employment exchange, but, now, that mode of appointment has been completely changed, for, the State Government is now recruiting the candidates for the said post through direct recruitment by issuing Notification calling for applications from the eligible candidates to participate in the written examination followed by the interview. Therefore, the seniority of the candidates maintained in the employment exchange has become meaningless, as the candidates, who have not registered their names in the employment exchange also, can participate now.
4. Thus, for the reasons stated above, the writ is dismissed as infructuous.
No Costs.Connected Miscellaneous Petition is Closed.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar rkm
To 1.The Secretary to Govt., Health and Family Welfare Dept., Fort St. George, Chennai - 9.
2.The Director of Public Health and Preventive Medicine, 359, Annasalai, Chennai - 6.
3.The Commissioner of Employment and Training, Guindy, Chennai - 32.
+1 cc to Government Pleader SR.NO. 23612 +1cc to Mr.S.Selvathirumurugan , Advocate SR.No. 22961 W.P.No.27942 of 2008 A.SK(01/05/2019)