Smt.S. Sudha v. The Director Of Backward
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :05.10.2018
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No. 6521 of 2013 & M.P.Nos.1 & 2 of 2013 Smt.S.Sudha ..Petitioner vs
1. The Director of Backward Community and Minorities Welfare Officer, Chepauk, Chennai - 600 005.
2. The District Collector,
3. The District Backward and Minorities Welfare Officer, Krishnagiri, Krishnagiri District.
4. The District Employment Officer, .. Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the fourth respondent to sponsor the petitioner's name for the post of cook in the third respondent's hostel at Krishnagiri District and thereby direct the respondents 1 to 3 to appoint the petitioner as cook in any hostel under the control of the 3rd respondent District Backward and Minorities Welfare Department.
For Petitioner : Mr.A.Rajesh Kanna For Respondents : Mr.R.S.Selvam Government Advocate
O R D E R
The relief sought for in the present writ petition is for a direction to direct the fourth respondent to sponsor the petitioners name for the post of Cook in the third respondents hostel at Krishnagiri District and thereby, direct the
respondents 1 to 3 to appoint the petitioner as Cook in any hostel under the control of the third respondent.
2. The direction as such sought for in the present writ petition cannot be considered, in view of the fact that sponsoring of the names for appointment to the employers are to be made by the Employment Officers strictly in accordance with the seniority and by following the Rules of reservation. The Mere registration of the name in the employment exchange will not confer any right on the candidate to seek for a direction to sponsor his name for appointment. In the event of any malpractice or if any of the persons, whose names were sponsored were juniors to the writ petitioner, then alone the cases can be considered. In the present case, no such juniors can be impleaded as a party respondent and the learned counsel appearing on behalf of the petitioner made a submission that some of the juniors were sponsored. In the absence of impleading all those persons who all are necessary parties, the relief as such sought for cannot be granted to the writ petitioner.
3. In this view of the matter, the respondents are directed to sponsor the names strictly by following the employment seniority and by following the Rules of reservation and other guidelines issued by the Government in this regard.
4. With the above observations, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
pns/sk Sd/- Assistant Registrar(CS-CO) //True Copy// Sub Assistant Registrar To
1. The Director of Backward Community and Minorities Welfare Officer, Chepauk, Chennai - 600 005.
2. The District Collector,
3. The District Backward and Minorities Welfare Officer, Krishnagiri, Krishnagiri District.
4. The District Employment Officer, +1 CC TO THE GOVT. PLEADER, SR. No.69122 KR/29/10/18 W.P.No.6521 of 2013