A.Thalavai Muthu v. The Government Of Tamilnadu
THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.06.2025
CORAM:
THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR. JUSTICE K.SURENDER and C.M.P.No.12041 of 2025 A.Thalavai Muthu ... Appellant Vs.
1.The Government of Tamil Nadu, Rep. by its Secretary, Labour and Employment Department, Chennai - 600 009.
2.The Commissioner of Employment and Training, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai - 600 032.
3.The Assistant Director, Professional and Executive Employment Exchange, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai - 600 032.
4.The Tamil Nadu Generation and Distribution Corporation Ltd., (Formerly TNEB), Rep. by its Chairman, Anna Salai, Chennai - 600 002.
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5.The Chief Engineer/ Personnel, The Tamil Nadu Generation and Distribution Corporation Ltd., 8th Flor, No.144, Anna Salai, Chennai - 600 002.
6.The Assistant Director, Professional and Executive, Employment Office, Madurai Branch, Madurai Government ITI Complex, K.Pudur, Madurai - 625 007.
... Respondents Prayer : Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 07.02.2025 made in W.P.No.6795 of 2015. For Appellants : Mr.R.Malaichamy For Respondent : Mr.P.Ananda Kumar, Government Advocate *******
J U D G M E N T
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) Challenge is to the order made in W.P.No.6795 of 2015 dated 07.02.2025.
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2. The petitioner sought for a Mandamus directing the respondents to pay a compensation of Rs.50,00,000/-, for the alleged failure in sponsoring the name of the petitioner for the post of Assistant Engineer in the Electricity Board in the years 2005 and 2007. The Writ Petition was filed in the year 2015. Earlier when the petitioner was not sponsored in the year 2007, he filed a Writ Petition in W.P.No.24914 of 2010. This Court by order dated 31.01.2011 directed the respondents to sponsor his name based on the earlier registration dated 28.01.1993, liberty was also granted to the petitioner to workout his remedy for the failure to sponsor his name earlier.
3. The petitioner did not take any action on the basis of the liberty granted. Subsequently, the name of the petitioner was sponsored for the very same post in the year 2012. Though the petitioner appeared for the interview he was un-successful. When another recruitment was made in the year 2014, the petitioner's name was not sponsored for want of vacancies in the quota in which the petitioner was registered. After knowing that he was not sponsored in the year 2014, the petitioner has come up with the present 3/7
Writ Petition seeking damages for the failure to sponsor during the years 2005 and 2007.
4. The learned Single Judge had dismissed the Writ Petition mainly on the ground of latches and on a finding that there was no negligence on the part of the Authorities.
5. Mr.R.Malaichamy, learned counsel appearing for the appellant would vehemently contend that in the counter affidavit filed by the respondents there is an admission that the appellant's name was not sponsored on earlier occasions due to a mistake.
6. That by itself, in our considered opinion, will not afford a ground for the appellant to seek compensation. The earlier non-sponsoring was addressed by this Court in the order dated 31.01.2011 made in W.P.No.24914 of 2010. Though a liberty was granted to the petitioner to workout his remedies in the manner known to law, the petitioner was happy with the fact that his name was sponsored in the subsequent selection. Having failed to make in the subsequent selection, the petitioner now 4/7
attempts to take advantage of the failure to sponsor in 2005 and 2007.
7. We do not think we can entertain such a plea. The learned Single Judge has rightly dismissed the Writ Petition. Hence, we do not find any reason to interfere with the orders of the writ Court. The Writ Appeal fails and it is accordingly dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
(R.S.M.,J.) (K.S.,J.) dsa 20.06.2025 Index : No Internet : Yes : No Speaking order 5/7
To 1.The Secretary, Government of Tamil Nadu, Labour and Employment Department, Chennai - 600 009.
2.The Commissioner of Employment and Training, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai - 600 032.
3.The Assistant Director, Professional and Executive Employment Exchange, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai - 600 032.
4.The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., (Formerly TNEB), Anna Salai, Chennai - 600 002.
5.The Chief Engineer/ Personnel, The Tamil Nadu Generation and Distribution Corporation Ltd., 8th Flor, No.144, Anna Salai, Chennai - 600 002.
6.The Assistant Director, Professional and Executive, Employment Office, Madurai Branch, Madurai Government ITI Complex, K.Pudur, Madurai - 625 007.
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R.SUBRAMANIAN, J.
and K.SURENDER , J.
dsa 20.06.2025 7/7