← Library
Madras High CourtWP/21576/2014dismissed

E.Esupatham v. The Chairman

2017-10-23Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23-10-2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.21576 of 2014 E.Esupatham ..

Petitioner -vs1.The Chairman, Tamil Nadu Electricity Board, Maligai, 10th Floor, 144 Anna Salai, Chennai-600 002.

2.The Chief Engineer (Personnel), Tamil Nadu Electricity Board, Chennai-600 002.

3.The Chief Medical Officer, TANGEDCO, 144 Anna Salai, Chennai-600 002.

..

Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to consider and pass appropriate orders on the petitioner's representation dated 15.3.2003 for engaging as Outsourced Radiographer under the third respondent. For Petitioner - Ms.T.Janaki for Mr.S.Sathia Chandran For Respondents - Mrs.R.Varalakshmi

ORDER

The relief sought for in this writ petition is for a direction to direct the first respondent to consider the representation submitted by the writ petitioner on 15.3.2013 for engaging him as Outsourced Radiographer under the third respondent.

2. On perusal of the copy of the representation submitted by the writ petitioner, the writ petitioner claims that he was engaged as Outsourcing Radiographer for about five years and accordingly, he seeks continuance in the same capacity. https://hcservices.ecourts.gov.in/hcservices/

3. Appointment can never be claimed as a mater of right. The writ petitioner has to participate in the open competitive process and secure the public employment. A mere submission of a representation, cannot be a ground for issuing any direction in this writ petition under Article 226 of the Constitution of India, to consider the claim of the writ petitioner for continuance of appointment or permanent absorption.

4. All all public appointments to be made in accordance with the Recruitment Rules by providing equal opportunities to all citizens of this Great Nation. No authority is competent to provide appointment in violation of the Constitutional Scheme or the Recruitment Rules in force. A mere representation will not confer any right on the writ petitioner to seek continuance of employment or permanent absorption. This Court wishes the writ petitioner for securing a public employment by hard work and participating in the open competitive process.

5. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar svn To 1.The Chairman, Tamil Nadu Electricity Board, Maligai, 10th Floor, 144 Anna Salai, Chennai-600 002.

2.The Chief Engineer (Personnel), Tamil Nadu Electricity Board, Chennai-600 002.

3.The Chief Medical Officer, TANGEDCO, 144 Anna Salai, Chennai-600 002.

+1cc to Mr.S.Sathiya Chandran, Advocate, S.R.No.75030 WP 21576 of 2014 GN(09/11/2017) https://hcservices.ecourts.gov.in/hcservices/