G.Suresh v. The District Employment

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Writ Petition No.11024 of 2010 and MP.No.1 of 2010 G.Suresh ... Petitioner Vs.

1.The District Employment Officer, District Employment Office, Namakkal District, Namakkal.

2.The Director, Board of Medical Education, Keelpakkam, Chennai - 600 010.

... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the first respondent to sponsor the name of the petitioner to the second respondent for the post of Pharmacist and consequently direct the second respondent to appoint the petitioner as Pharmacist in accordance with law by considering the petitioner's representation dated 17.05.2010. For Petitioner : Mr.R.Marudhachalamurthy For Respondents :

Mr.J.Ramesh, Additional Government Pleader

ORDER

The relief sought for in this writ petition is to issue a Writ of Mandamus directing the first respondent to sponsor the name of the petitioner to the second respondent for the post of Pharmacist and consequently directing the second respondent to appoint the petitioner as Pharmacist in accordance with law, by considering the representation dated 17.05.2010 submitted by the petitioner.

2.When the matter was taken up for consideration, the learned Additional Government Pleader appearing for the respondents submitted that the prayer made in this writ petition has become infructuous and hence, nothing survives for adjudication. In support of his submission, the learned Additional Government Pleader drew the attention of this Court to the averments made in paras 3 and 4 of the counter affidavit filed by the first respondent, which read as follows: "3.It is submitted, 2nd respondent asked the candidates for pharmaclist post to Director of employment and training, Chennai and the Director asked for in his letter No.Thopa 831/10 dated 11.02.10 and first respondent sent a list of candidates for the post of Pharmacist vide this office letter No.A3/743/10 dated 01.03.10. The petitioner name sponsored the general category.

Later the petitioner himself came and made representation dated 10.3.2010 and on the basis of records petitioner name was included in PH Category to the Director of Employment and Training, Chennai as on 10.03.2010. The Director of Employment and Training, Chennai sent the final list dated 20.04.2010 including the petitioner name to the 2nd respondent.

4.Hence, it is submitted that petitioner's name was initially omitted as PH category, but was subsequently added to the final list."

3.The learned counsel for the petitioner admitted the aforesaid submissions of the learned Additional Government Pleader appearing for the respondents. He has also made an endorsement to that effect in the writ petition. 4.Recording the same, this writ petition stands closed. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar

rk To 1.The District Employment Officer, District Employment Office, Namakkal District, Namakkal.

2.The Director, Board of Medical Education, Keelpakkam, Chennai - 600 010.

+1cc to Government Pleader Sr.No.36629 KJI(CO) sm:27.6.2018 W.P.No.11024 of 2010