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Madras High CourtWP/24732/2012dismissed as infructuous

R.Kalaimani, v. The Commissioner,

2024-03-07Honourable Mr Justice J.Sathya Narayana Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2024 CORAM :

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and MP.Nos.1 & 2 of 2012 R.Kalaimani

...Petitioner

Vs.

1.

The Commissioner, Adi Dravidar and Tribal Welfare Department, Chepauk, Chennai.

2.

The District Collector, Villupuram District, Villupuram.

3.

The District Adi Dravidar and Tribal Welfare Officer, Villupuram District, Villupuram.

4.

K.Elangovan District Adi Dravidar and Tribal Welfare Officer, Villupuram District, Villupuram 5.

A.Dhananchezhian

...Respondents

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Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the order of appointment issued in favour of the 5th respondent as per the proceeding issued by the 3rd respondent in (M1)/16422/2011 dated 08.06.2012 and quash the same and consequently direct the respondents to appoint the petitioner to the post of Cook in regular time scale of pay on par with his juniors with reference to Employment Exchange Seniority within the time frame to be fixed by this Court. For Petitioner : Mr.S.Nedunchezhiyan For Respondents : Mr.M.Murali, GA, for R1 to R3 : No Appearance, for R4 & R5

ORDER

The petitioner has come up with this Writ petition seeking quashment of the order of appointment issued in favour of the 5th respondent as per the proceeding issued by the 3rd respondent in (M1)/16422/2011 dated 08.06.2012 and for a consequential direction to the respondents to appoint the petitioner to the post of Cook in regular time scale of pay on par with his juniors with reference to Employment Exchange Seniority.

2. The Writ petitioner belongs to Schedule Tribe Community and he applied for the post of Cook and the eligibility age upon the said post is 35 years for General category and 40 years for SC/ST and the petitioner was aged about 40 years at the time of filing this Writ petition, as evidenced from 2/4

records and now the petitioner would would have attained the age of about 52 years and thereby he is not eligible for the said post.

3. In view of the above fact, this Court is of the view that, nothing survives for further adjudication in this Writ petition and accordingly, this Writ petition stands dismissed as infructuous. No costs. Consequently, the connected Miscellaneous petitions are closed. 07.03.2024 skt Index : Yes (or) No : Yes (or) No Speaking Order : Yes (or) No To 1.

The Commissioner, Adi Dravidar and Tribal Welfare Department, Chepauk, Chennai.

2.

The District Collector, Villupuram District, Villupuram.

3.

The District Adi Dravidar and Tribal Welfare Officer, Villupuram District, Villupuram.

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J.SATHYA NARAYANA PRASAD, J.

skt and MP.Nos.1 & 2 of 2012 07.03.2024 4/4