L.Selvam v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2019

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN W.P.No.27166 of 2013 1.L.Selvam 2.S.Natarajan 3.P.Kanthavel ... Petitioners vs.

1.The Chairman, Railway Recruitment Cell (Southern Railway), III Floor, No.5, Dr.P.V.Cherian Crescent Road, Egmore, Chennai 600 008.

2.The Union of India, Ministry of Defence, rep. by its Secretary, New Delhi -11.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking for the issuance of a writ of Certiorarified Mandamus, to call for the concerned records relating to the advertisement dated 08.06.2013 for the Recruitment of Group "D" post for the Ex-servicemen by the Respondent No.1 herein and quash the same and insofar as the Petitioner is concerned, consequently direct the 1st Respondent to consider the candidature of all the Petitioners herein for the said post. For Petitioners :

Mr.M.Arumugam For 1st Respondent :

Mr.P.T.Ramkumar

O R D E R

Petitioners have come up with this Writ Petition challenging the 1st Respondent's Advertisement dated 08.06.2013 for the recruitment of Group "D" posts for Ex-servicemen and for a consequential direction to the 1st Respondent to consider the candidature of all the Petitioners herein for the said post.

2.

Heard the learned counsel for the Petitioners and the learned counsel appearing for the 1st Respondent/Southern Railways.

3.

It is seen that there was an Advertisement by the 1st Respondent inviting Applications from Ex-Servicemen to fill up 813 vacancies in the Southern Railways and 28,689 Applications were reported to be received. Out of 983 candidates called for document verification including 20% of additional candidates over and above the number of vacancies notified to meet out contingencies such as absentees, 813 candidates were empanelled and the recruitment process was completed in November 2015. Thereafter, Merit Order was drawn based on the number of years of Military Service rendered. The first candidate recruited had put in 34 years of Military service and the last candidate had put in 28 years and 1 day of Military service. Since the Petitioner did not come under the zone of consideration, his case was not considered for appointment.

4.

Learned counsel appearing for the 1st Respondent/Southern Railways drew the attention of this Court to clause 3.2 of the Advertisement made by the 1st Respondent/Southern Railways, which states that "the panel will be formed primarily on the basis of Ex-Servicemen's length of Military Service". Hence, according to the learned counsel, the length of service rendered by the Petitioners did not warrant the 1st Respondent to recruit/empanel them under Ex-Servicemen Quota.

5.

In view of the foregoing, this Court does not find any merit in the Writ Petition, as the 1st Respondent/Southern Railways has recruited candidates against the Ex-servicemen Quota based on their length of service. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected M.P.Nos.1 to 3 of 2013 are closed.

Sd/- Assistant Registrar (CS-) //True Copy// Sub Assistant Registrar (aeb) To:

1.The Chairman, Railway Recruitment Cell, (Southern Railway), III Floor, No.5, Dr.P.V.Cherian Crescent Road, Egmore, Chennai 600 008.

2.The Secretary, Union of India, Ministry of Defence, New Delhi -11.

+1cc to Mr.P.T.Ramkumar Advocate, S.R.No.60815 RV(CO) CB(03/09/2019) W.P.No.27166 of 2013