A.Santhamoorthy v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2015

CORAM:

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Writ Petition No.12892 of 2014 A.Santhamoorthy .. Petitioner Vs.

1. The Director Department of Employment and Training Chennai 32 2.The Deputy Director/Assistant Director Ex.Servicemen's Welfare Office 3.The District Employment Officer .. Respondents Petition filed under Article 226 of the Constitution of India for the issuance of writ of Certiorarified Mandamus to call for the records of the 1st respondent dated 04.03.2014 in Ni.Va3/33846/2013 and to quash the order refusing to give appointment under Department of the Disabled Ex-servicemen and consequently to recommend the petitioner for appointment under the Head of dependent of disabled ex-serviceman.

(Prayer amended as per order dated 10.6.2014 in M.P.No.1 of 2014) For Petitioner : Mr.B.Nedunchezhiyan For Respondents : Mr.M.S.Ramesh, AGP

O R D E R

The petitioner made an application for appointment under disabled category stating that he is an ex-serviceman with disability. The application was rejected by the first respondent on the ground that it is not possible to consider his application for appointment as a Teacher in view of the Government Order constituting the Teachers Recruitment Board as an authority to appoint Teachers.

2. When the Writ Petition came up for final disposal, the learned counsel for the petitioner, on instructions, submitted that the petitioner is not pressing the relief claimed in the Writ Petition and he would be satisfied in case liberty is given to the petitioner to make a representation for appointment to any of the post under Government service.

3. The petitioner is given liberty to make appropriate representation to the concerned authority claiming appointment on the strength of the Government Order in G.O.Ms.No.1218, Public (Ex-servicemen) Department dated 3.9.1999. It is open to the petitioner to convince the concerned respondent that he is eligible for appointment invoking the provisions of the Government Order in G.O.Ms.No.1218, Public (Ex-servicemen) Department dated 3.9.1999. In case any such representation is is given, the same shall be considered and disposed of by the authority as expeditiously as possible and in any case, within a period of three months thereafter.

4. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar ajr To

1. The Director Department of Employment and Training Chennai 32 2.The Deputy Director/Assistant Director Ex.Servicemen's Welfare Office

3.The District Employment Officer 1 cc to M/s.B. Nedunchezhiyan, Advocate, Sr. 5838 1 cc to Government Pleader, sr. 5796 W.P.No.12892 of 2014 EV (CO) kk 17/2