K.P.Venkatesan v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2023

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and M.P.No.1 of 2015 K.P.Venkatesan ..Petitioner Vs.

1.The State of Tamil Nadu, Represented by Secretary, Fort St. George, Chennai - 600 009.

2.The District Employment Exchange Officer, District Employment Exchange Office, Perambalur.

3.The Director, Adi Dravidar Welfare Department, Chepauk, Chennai - 600 005.

..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus, directing the respondents to provide the petitioner with suitable employment in any of its departments, by giving preference under the category of persons whose lands have been acquired for Government purposes.

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For Petitioner : Mrs.Rekha Sivakumar For Respondents : Mr.Murugan Rajendra, Additional Government Pleader

O R D E R

The writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to provide suitable employment in any of its Department, by giving preference under the category of persons whose lands have been acquired for Government purposes.

2. It is the case of the petitioner that his land has been acquired by the Government. As per G.O.Ms.No.188, Personnel and Administrative Reforms Department dated 28.12.1976 preference to be given to the persons, whose lands have been acquired in providing employment. According to the petitioner, he has registered his name with the 2nd respondent in 1996 itself. The petitioner gave his representation dated 27.11.2006, seeking employment on the basis of acquisition of his lands but, the same was not considered. The petitioner vide letter dated 23.12.2014 sought information with respect to employment preference list, under the Right to Information Act. The Public Information Officer had replied vide 2/5

Letter No.A3/4515/2014 dated 13.01.2015, with a list containing the names of the persons who were given preference under the category of persons whose lands were acquired by the Government. This letter has been communicated on 13.01.2015 to the petitioner. As per the said list the petitioner is in the fourth place. The learned counsel for the petitioner would submit that till date, the petitioner has not been considered for employment.

3. On the other hand, the learned Additional Government Pleader would submit that the petitioner has already been called for interview by letter dated 25.02.2015 and 07.03.2015 for the post of Office Assistant in the Veppur Panchayat Union. He further submitted that the petitioner may apply directly to the employer when advertisement is called for.

4. Since the petitioner has given representations earlier, seeking employment and that he was not considered for employment for the post of Office Assistant in the Veppur Panchayat Union, this Court directs the respondents to consider the representations of the petitioner dated 20.12.2013, 20.01.2014 and 22.08.2014, in the light of G.O.Ms.No.188, 3/5

Personnel and Administrative Reforms Department dated 28.12.1976 and in the event of any vacancy arises, name of the petitioner shall be considered in preference and provide employment, subject to his eligibility for the said post.

5. This writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed. 07.03.2023 dsa/nvsri Index : Yes/No Internet : Yes/No : Yes/No Speaking order/ Non-Speaking order To 1.The Secretary, State of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.The District Employment Exchange Officer, District Employment Exchange Office, Perambalur.

3.The Director, Adi Dravidar Welfare Department, Chepauk, Chennai - 600 005.

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J.NISHA BANU, J.

dsa .

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