Senthilkumar v. Tamilnadu State Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2024

CORAM

THE HONOURABLE Mrs.JUSTICE R.KALAIMATHI W.P. No.27913 of 2012 and M.P.No.2 of 2012 Senthilkumar ...

Petitioner /vs/

1. Tamil Nadu State Transport Corporation (Salem) Ltd., Salem Represented by its Managing Director.

2. The District Employment Officer, Namakkal District, Namakkal.

3. The Secretary to Government, Transport Department, Government of Tamilnadu, Chennai.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records of the third respondent pertaining to the notification dated 13.08.2012 with regards to the seniority list for the post of Motor Mechanic for the first respondent

corporation and all further proceedings in connection with recruitment for the post of Motor Mechanic on the basis of the said seniority list and quash the same and directing the respondents to consider the candidature of the petitioner for the recruitment for the post of Motor Mechanic for the first respondent corporation.

For Petitioner ... No appearance For Respondents ... Mr.M.Aswin Standing Counsel for R1 Mr.S.Rajesh Government Advocate for R2 and R3

ORDER

This writ petition has been filed challenging the notification dated 13.08.2012 issued by the third respondent and to direct the respondents to consider the candidature of the petitioner for the recruitment to the post of Motor Mechanic of the first respondent corporation.

2. No representation for the petitioner.

3. Heard Mr.S.Rajesh, the learned Government Advocate, appearing for the second and third respondents.

4. The petitioner was aged about 38 years on the date of filing of the writ petition. His date of birth is given as 25.07.1975. The affidavit reads that the petitioner belongs to Backward Class / Sengunthar community. The first respondent notified for the post of Motor Mechanic (15 vacancies) as per the letter dated 16.07.2012 with the second respondent. As per the said notice, the upper age limit mentioned for SC/ST is 45 years, BC/MBC is 35 years and for others is 30 years and one must undergo apprenticeship training for one year under apprenticeship Act, 1961 in the State Transport Employment Office. In the year 2012, age of the petitioner was 37 years. At the time of notification itself, the petitioner who belongs to Backward Class, has crossed the prescribed age limit and his name was not included in the list sponsored by the District Employment Officer, Namakkal. Therefore, I find no irregularity in the impugned notification (selection list).

5. Based on the aforesaid discussions, this Writ Petition stands

dismissed as totally devoid of merits. There is no orders as to costs. Connection miscellaneous petition stands closed. 11.07.2024 Index: Yes / No Speaking order / Non-speaking order bkn

To:

1. The District Employment Officer, Namakkal District, Namakkal.

2. The Secretary to Government, Transport Department, Government of Tamilnadu, Chennai.

R.KALAIMATHI, J bkn 11.07.2024