S.Sivakumar v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.03.2021

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.5728 of 2021 (Heard through VC) S.Sivakumar .. Petitioner -vsThe Managing Director, Tamil Nadu State Marketing Corporation Ltd., (TASMAC Ltd.,) Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.

.. Respondent Prayer: Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus directing the respondent to consider the representation of the petitioner dated 12.10.2020 to appoint the petitioner as Salesman in TASMAC Shop of respondent on preferential basis.

For Petitioner : Mr.R.Amardeep For Respondent : Mr.K.Sathish Kumar

O R D E R

The petitioner has come up with this writ petition seeking a direction to the respondent to consider his representation dated 12.10.2020 seeking to appoint him as Salesman in TASMAC Shop of respondent on preferential basis.

2. Mr.K.Sathish Kumar, learned standing counsel takes notice on behalf of the respondent. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

3. The petitioner joined service on 29.11.2003 as Salesman in TASMAC IMFS retail vending shop No.2203 at Tiruppur. After one month, due to his ill health, he has left the job and received the deposited amount of Rs.15,000/- paid by him. The learned counsel appearing for the petitioner submitted that now the petitioner is ready to work and redeposit the said amount. https://hcservices.ecourts.gov.in/hcservices/

4. This Court is not inclined to pass any orders as prayed by the petitioner, as it is for the respondent to decide on the administrative side. I find that there is no legal infirmity in the act of the respondent in not providing him the job.

5. The learned counsel appearing for the petitioner submitted that the case of the petitioner may be considered, in case any fresh recruitment takes place in future. It is needless to say that if the respondent is going to recruit, it is open to the petitioner to participate in the selection process and get himself selected and take up the employment. It is made clear that the rejection of the prayer of the petitioner will not stand in the way of his participation in the selection process in future. It is also made clear that this Court has not given any specific direction to the respondent to provide employment to the petitioner, in future and it is for respondent to decide purely on the basis of his eligibility criteria.

6. With the above observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rsi To The Managing Director, Tamil Nadu State Marketing Corporation Ltd., (TASMAC Ltd.,) Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.

+1cc to Mr.A.Amardeep,Advocate SR.No. 15209 W.P.No.5728 of 2021 GPL(CO) A.SK(14.07.2021) https://hcservices.ecourts.gov.in/hcservices/