Madras High CourtWP/2255/2018disposed of

Mrs.Menaka, v. The Social Welfare Director,

2019-02-05Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2019 C O R A M THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM W.P.No.2255 of 2018 Menaka ...Petitioner Vs.

1. The Social Welfare Director, Secretariat, Chennai - 600 008.

2. The District Collector, Thiruvarur District, Thiruvarur.

3. The Commissioner Panchayat Union, Thiruthuraipundi, Thiruthuraipundi - Taluk, Thiruvarur - District ... Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus to direct the respondents to appoint the petitioner in suitable post by considering the petitioner representation dated 24.04.2017 and fixing a time frame.

For Petitioner : Mr.M.Senthil For Respondents : Mr.D.Suriya Narayanan Additional Government Pleader for R1 and R2.

Mr.R.P.Prathip Singh for R3.

O R D E R

The relief sought for in the present writ petition is to direct the respondents to appoint the writ petitioner in any suitable post by considering the petitioner's representation dated 24.04.2017.

2. The learned counsel appearing on behalf of the writ petitioner states that the family of the writ petitioner had donated their land for the purpose of construction of a Public Library building. Thus, the petitioner claims that he is entitled to get public employment under the land losers category.

3. This Court is of an opinion that mere representation submitted to the respondents seeking employment will not confer any right on the petitioner to claim appointment. All appointments are to be made strictly in accordance with the rules in force.

4. In the present case, the petitioner claims that the family of the writ petitioner had donated their land for the construction of a Public Library building. If there is any Government Order, is in force, for the purpose of providing public employment for land losers, then, the case of the writ petitioner shall also be considered along with all other eligible candidates and strictly in accord with the terms and conditions stipulated in the Government Order. In the event of no such Government Order or Policy in the Government, then, the writ petitioner has to participate in the selection process for the purpose of securing public employment.

5. The learned counsel appearing for the respondents 1 and 2 brought to the notice of this Court that one Mrs.Saranya w/o Mr.Rameshkumar was appointed under the land losers category, if the fact is true, then the respondents are directed to consider the case of the writ petitioner also, if it is otherwise in accordance with law.

6. It is made clear that the writ petitioner cannot claim appointment as a matter of right and appointments are to be made subject to the terms and conditions stipulated in the recruitment rules in force.

7. With the above observations, this writ petition stands closed. No Costs.

msv Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

1. The Social Welfare Director, Secretariat, Chennai - 600 008.

2. The District Collector, Thiruvarur District, Thiruvarur.

3. The Commissioner Panchayat Union, Thiruthuraipandi, Thiruthuraipandi - Taluk, Thiruvarur - District +1cc to Mr.M.Senthil, Advocate, S.R.No.9890 +1cc to Mr.R.,P.Prathap Singh, Advocate, S.R.No.10898 W.P.No.2255 of 2018 Kak(18/03/2019)