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Madras High CourtWP/11886/2016dismissed

S.Ramesh, v. The Chairman

2016-03-30Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.11886 of 2016

1. S.Ramesh

2. T.Murali

3. J.Pandian

4. R.Kathiravan ..

Petitioners -vs1. The Chairman Tamil Nadu Generation and Distribution Company Limited No.144, Anna Salai Chennai 600 002

2. The Chief Engineer (Personnel) Tamil Nadu Generation and Distribution Company Limited No.144, Anna Salai Chennai 600 002 ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Declaration, declaring the action of the respondents in fixing upper age limit for appointment to the 900 post of Field Assistant (Trainee) in the respondents Corporation as 32 years for Backward / B.C.M./MBC and 35 years for SC/ST, fixing no age limit for persons having higher educational qualification (P.U.C./H.S.C./Diploma) and other S.S.L.C. and I.T.I. And proceeding with the direct recruitment to the post of Field Assistant (Trainee) through competitive written examination to be held on 03.04.2016 as per the notification No.1/2016 dated 28.02.2016 as illegal, arbitrary and contrary to law and consequently direct the respondents to grant age relaxation to the petitioners who have possessed S.S.L.C., with I.T.I., as given to those who possess P.U.C./H.S.C.(+2)/Diploma.

For Petitioners ::

Mr.V.P.Mathivadhanakkumar For Respondents ::

Mr.Abdul Saleem

ORDER

The petitioners, after having passed S.S.L.C., pursued the I.T.I., course and obtained the National Trade Certificates issued by the State Council for Vocational Training. Thereafter, they also completed the apprenticeship training in different establishments and obtained the National Apprenticeship Certificates issued by the Department of Employment and Training. With these qualifications, they also registered their names in the respective employment exchanges. Now the grievance of the petitioners, as contended by the learned counsel, is that when the respondent-Corporation has invited applications through on-line mode from 2.3.2016 to 21.3.2016 to fill up the post of Field Assistant (Trainee) by publishing the notification No.1/2016 dated 28.2.2016 prescribing the qualification for such post as I.T.I.

(National Trade Certificate) qualification, which the petitioners possess, the respondents have introduced the written examination to the post of Field Assistant to be held on 3.4.2016. In the said notification, they have also fixed the upper age limit as 30 in respect of Open Category, 32 for Backward Class and Most Backward Class and 35 for Scheduled Caste/Scheduled Tribe candidates. Under these circumstances, when some of the similarly placed persons approached this Court by filing W.P.No.9964 of 2016, by order dated 16.3.2016, a direction was issued to the respondents to grant age relaxation, since the petitioners therein have acquired the National Trade Certificates, with a further direction to the respondents to permit the petitioners therein to apply for the post of Field Assistant, subject to the result of the writ petition.

Therefore, the same relief can be granted to the petitioners herein, he pleaded.

2. No doubt, this Court has entertained W.P.No.9964 of 2016 on the basis of the order passed by me on 16.3.2016. But the case on hand is wholly different from the case of the petitioners in the aforesaid writ petition. The reason is that the petitioners in the aforesaid writ petition came to this Court before the expiry of the last date of submission of the applications, which was 21.3.2016. But in the present case, when the date fixed for submission of the applications were over long time ago, the petitioners cannot come to this Court so belatedly. Moreover, I have also dismissed a similar and identical writ petition on the ground of delay. Therefore, the prayer of the petitioners cannot be considered. Accordingly, the writ petition is dismissed, as the petitioners have

approached this Court belatedly. Consequently, W.M.P.Nos.10264 to 10266 of 2016 are also dismissed. No costs. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar ss To

1. The Chairman Tamil Nadu Generation and Distribution Corporation Limited No.144, Anna Salai Chennai 600 002

2. The Chief Engineer (Personnel) Tamil Nadu Generation and Distribution Corporation Limited No.144, Anna Salai Chennai 600 002 +2 ccs to Mr.R.Anandhan, Advocate, sr.20147 W.P.No.11886 of 2016 sv co kra 25.04.2016