Natarajan.R v. Union Territory Of Pondicherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.No.10050 of 2003 Natarajan .R ... Petitioner Vs.

1. Union Territory of Pondicherry rep. By the Secretary (Co-operative) Chief Secretariat, Pondicherry.

2. The Registrar of co-operatives (Co-Operative Department) Pondicherry,

3. The Pondicherry co-operative Urban Bank Ltd.(p.14), rep, By Secretary No.197, Jawaharlal Nehru Street, Pondicherry-1.

4. The Employment Officer, Employment Exchange, Gandhi Nagar, Pondicherry-1.

5. M. Sundaramoorthy

6. V. Rajasekaran

7. B. Vijaya Kumar

8. C. Babu

9. N. Arul Kumar 10.R. Raja velu

11. R. Murugan

12. E. Venkatraman

13. Jayaraman

14. S. Vasanth

15. S. Siva Balan

16. A. Sugumaran

17. D. Tamizhan ... Respondents Petition filed under Article 226 of The Constitution of India, praying for the issuance of a Writ of Declaration to declare the selection made for the Group D posts by the 3rd respondent as null and void and thereby direct the 3rd respondent to make fresh selection as contemplated under the regulations and in accordance with law and follow the reservation as contemplated under "The Persons with disabilities (equal opportunities, protection of rights and full participation) Act, 1995.

For Petitioner ..

Mr. S. Balaji For Respondents ..

Mr. J.Kumaran .Govt.Advocate (Pondicherry) R1, R2 AND R4 Mr. L. Swaminathan R3, R5 to R12, R14 to R17

ORDER

It is the case of the petitioner that he suffers 60% physical disability and that he has studied upto 10th std. It is his further case that he has registered his name with the Special Officer, Employment Exchange Pondicherry in the handicapped quota.

2. In this writ petition, the petitioner is seeking to challenge the alleged appointment of respondents 5 to 17 on the ground that they have been illegally appointed without following the due process of law. Strangely, the petitioner has not even filed the order of appointment in respect of respondents 5 to 17.

3. In certain cases, this court would permit filing of a writ petition for certiorari even without filing the original impugned order, but atleast a copy of the impugned order must be enclosed. In this case, the petitioner has merely made a vague allegation in paragraph 8 of his affidavit that the third respondent has recently appointed respondents 5 to 17 in group "D" posts, without following the rules. He has not even given their dates of appointment. In the opinion of this court, the present writ petition is a fishing expedition by the petitioner, which cannot be permitted.

4. In the result, this Writ Petition is devoid of merits and accordingly dismissed. No costs.

at/ajr Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar To

1. The Secretary (Co-operative) Union Territory of Pondicherry Chief Secretariat, Pondicherry.

2. The Registrar of co-operatives (Co-Operative Department) Pondicherry,

3. The Secretary Pondicherry co-operative Urban Bank Ltd.(p.14), No.197, Jawaharlal Nehru Street, Pondicherry-1.

4. The Employment Officer, Employment Exchange, Gandhi Nagar, Pondicherry-1.

+1 CC to M/s.Govt Pleder, Puducherry SR.NO.13070 W.P.No.10050 of 2003 NR[CO] MK:22/03/2017