S.Raja v. Union Of India Rep. By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :05.10.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.2441 of 2014 and M.P.Nos.1,2 & 3 of 2014 S.Raja ..Petitioner vs 1.Union of India represented by The Secretary to Government(Labour), Government of Puducherry, Secretariat, Beach Road, Puducherry - 605 001.

2.The Director, Sub-Employment Exchange, Government of Puducherry, Office of the Sub-Employment Exchange, Karaikal.

3.The Managing Director, Puducherry Road Transport Corporation Ltd.(PRTC), No.4, Iyyanar Koil Street, Raja Nagar, Puducherry.

4.General Manager cum Company Secretary, Puducherry Road Transport Corporation Ltd.(PRTC), No.4, Iyyanar Koil Street, Raja Nagar, Puducherry. .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Notification dated 31.07.2013 issued by the 3rd respondent and quash the same, in for as, it relates to fixing of 'Age Limit' 32 years as Maximum Age Limit as on 31.07.2013 for applying to the post of Driver in the 3rd respondent Transport Corporation, without considering the petitioner and others, those who had already applied in earlier recruitment process in the year 2007, and participated in subsequent selection process in the year, 2010 and got selected and whose names were find place in Selected Candidates List vide No.117/PRTC/Admn/07-08 dated

23.03.2010, which was dropped & not considered due to irregularities taken place in the earlier recruitment process and consequently direct the 3rd respondents to consider the petitioner along with other candidates, those who have applied to the post of Driver in pursuant to the present Notification dated 31.07.2013 and appoint him to the post of Driver in the 3rd respondent Transport Corporation, with effect from the date on which, other selected candidates were appointed in pursuant to the present Notification dated 31.07.2013 and pay salary and other monetary and non-monetary benefits from that date. For Petitioner : M/s.Prakash Adiapadam For Respondents : Mr.A.R.Nixon for R3 No appearance for R1,R2&R4

O R D E R

The relief sought for in this writ petition is to quash the recruitment notification issued by the 3rd respondent dated 31.07.2013.

2.The learned counsel appearing for the writ petitioner states that the writ petitioner was selected pursuant to the earlier recruitment notification during the year 2007 and he has over-aged in the year 2013. However, the 2007 selection was deferred on account of certain allegations and now, the candidates who were selected pursuant to the earlier recruitment notification are being considered by the respondents. 3.The learned counsel appearing for the respondents also states that the respondents are considering the selected candidates for appointment and the process is also going on. Under these circumstances, the relief as such sought for is quash the recruitment notification dated 31.07.2013 does not arise at all at this point of time. Further, as on the date of issuance of the recruitment notification dated 31.07.2013, the writ petitioner was over-aged.

4.Thus, no further adjudication at this point of time is required. In this view of the fact that the respondents is also considering the name of the writ petitioner for appointment. 5.Accordingly, the writ petition stands closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are also closed.

Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR

To 1.The Secretary to Government(Labour), Union of India, Government of Puducherry, Secretariat, Beach Road, Puducherry - 605 001.

2.The Director, Sub-Employment Exchange, Government of Puducherry, Office of the Sub-Employment Exchange, Karaikal.

3.The Managing Director, Puducherry Road Transport Corporation Ltd.(PRTC), No.4, Iyyanar Koil Street, Raja Nagar, Puducherry.

4.General Manager cum Company Secretary, Puducherry Road Transport Corporation Ltd.(PRTC), No.4, Iyyanar Koil Street, Raja Nagar, Puducherry.

+1 CC to Government Pleader ( Puducherry) SR.No.72237 +1 CC to Mr. Mr.A.R.Nixon Advocate SR.NO.71744 +1 CC to Mr. M/s.Prakash Adiapadam Advocate SR.NO.71562 W.P.No.2441 of 2014 VD(CO) VC (31/10/2017)