J.Pandian, v. Tamil Nadu Generation And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.01.2020
CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE MR.JUSTICE R.SURESH KUMAR Writ Appeal No.1045 of 2016 and C.M.P.Nos.13662 of 2016 and 3027 of 2018 1 J.Pandian 2 S.Ramesh 3 N.Suresh 4 K.Ramalingam 5 K.Sutha 6 P.Kavitha 7 P.Sivakumar 8 C.Ramu 9 A.Palanisamy 10 M.Muththamizan 11 Maria Jeyakumar 12 P.Saravanan 13 N.Veerakumar 14 K.Sureshkumar 15 R.Rajmohan 16 K.Muthusangaiah 17 S.Pannerselvam 18 D.Yesu 19 S.Chitra 20 M.Pushpa 21 P.Kandasamy 22 D.Rameshkumar 23 S.Suthakar 24 S.Saravanan 25 R.Sankar 26 C.Sathish 27 M.Saravanan 28 A.Venugopal 29 R.Kumar 30 P.Kamban 31 R.Venkatesan 32 R.Raguraman 33 I.Mahadevan 34 S.Nallamuthu 35 M.Saravanan 36 N.Senguttuvan 37 M.Selvaraj
38 G.Sathishkumar 39 V.Lakshmanan 40 C.Rajasekar 41 R.Parasuraman 42 V.Velmani 43 A.Dharman ... Appellants -Vs1 Tamil nadu Generation and Distribution Corporation Ltd. Rep. by its Chairman No.144 Anna Salai Chennai-600 002. 2 The Chief Engineer(Personnel) Tamil Nadu Generation and Distribution Corporation Ltd No.144 Anna Salai Chennai- 600 002.
...
Respondents For Appellants : No appearance For Respondents : Mr.Karthik Rajagopal Prayer : Appeal under Clause 15 of the Letters Patent against the order of this Court dated 24.03.2016 in W.M.P.No.9675 of 2016 in W.P.SR.No.39627 of 2016.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith The High Court will be pleased to permit the petitioners herein file a single writ Petition jointly in the above WP SR No.39627 of 2016 sought to be presented to this Court, [WP SR No.39627 of 2016, filed Under Article 226 of the Constitution of India to issue a Writ in the nature of Declaration declaring the action of the respondents fixing the upper age limit for appointment to the 900 post of field Assistant(Trainee) in the first respondent Corporation as 32 years for Backward/B.C.M/MBC and 35 years for SC/ST fixing no age limit for persons having higher education (P.U.C./H.S.C./Diploma) other than S.S.L.C. and I.T.I and proceeding with direct recruitment for the post of Field Assistant (Trainee) notified under Notification No.
1/2016 dated 28.02.2016 in the proposed competitive written examination scheduled on 03.04.2016 as illegal, arbitrary and contrary to law and consequently direct the respondents to granting age relaxation to the petitioners who have been possessing S.S.L.C. with I.T.I., for the same age relaxation given no Upper age limit to the candidates who possess P.U.C./H.S.C (+2)/Diploma.
J U D G M E N T
(Judgment of the Court was delivered by DR.VINEET KOTHARI, J.) The following order was passed in the present appeal on 08.01.2020.
"
None is present for the Appellants.
2. The learned Single Judge had dismissed the Writ Petition disallowing the joint Petition filed under Rule 2B of High Court Rules.
3. A co-ordinate Bench of this Court, by order dated 23.8.2016, had allowed the 43 candidates to undergo the selection process of the Respondent/Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) for the post of Field Assistant.
4. The learned counsel Mr.Karthik Raja appearing for the TANGEDCO submitted that out of 43 candidates only one candidate viz, Respondent No.4, K.Ramalingam son M.Kuzhanthaivelu, No.27, Thanalakshmi Nagar, Unnamalichetti Savadi, Koondur (P.O.), Cuddalore District alone had cleared the Written Test while all the other 42 candidates failed, however, he submitted that Appointment Order has not yet been issued to the said candidate as he had claimed age relaxation.
5. On the issue as to how much period the said selected candidate had already crossed the age bar limit prescribed in the Notification, the learned counsel appearing for the TANGEDCO prays for some time to verify the facts of this case and appraise the court about the same.
List again on 10.1.2020."
2. In pursuance of the said directions, the learned counsel for respondents Mr.Karthik Rajagopal has submitted a chart before this Court, which shows that the only selected candidate ie., the 4th appellant herein K.Ramalingam, S/o.M.Kuzhanthaivellu, No.27 Thanalakshmi Nagar, Unnamalichetti Savadi, Koondur Post , Cuddalore District, had crossed the prescribed age bar of 35 years only by a short period of one month and 24 days as on the cut-off date of
01.07.2015. The said chart is taken on record. Since all the other appellants except the fourth appellant in the present writ appeal were not selected in the selection process for the post of Field Assistant and the fourth appellant had crossed the age bar of 35 years only by a very short period of one month and 24 days, and since almost five years have passed from the date of the notification, we are not inclined to delay the matter any further. Though the the names of the learned counsel for the appellants M/s.P.M.Jayachandran and V.Indumathi are printed in the cause list, none appeared on behalf of the appellants.
3. Under these circumstances, we direct the respondents TANGEDO to issue Appointment Order in favour of the said fourth appellant Mr.K.Ramalingam, S/o.M.Kuzhanthaivellu, immediately and send the same to his given address without any lapse of time. If the said person is not inclined to join within the prescribed time as given in the Appointment Order, no further equity or benefit will accrue to him. However, if he offers to join in pursuance to the Appointment Order by the respondents, he may be permitted to join.
4. We make it clear that in view of the peculiar circumstances of the case, we have exercised our extraordinary jurisdiction under Article 226 of the Constitution of India and such direction will not, in any way, affect the merits of the contentions which may be raised by the respondent Corporation in such other cases and will not act as a precedent for such other cases at all. The Writ Appeal is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1 The Chairman, Tamil nadu Generation and Distribution Corporation Ltd. No.144 Anna Salai, Chennai-600 002.
2 The Chief Engineer(Personnel) Tamil Nadu Generation and Distribution Corporation Ltd No.144 Anna Salai, Chennai- 600 002.
+1cc to Mr.Karthik Rajan, Advocate sr.2527 W.A.No.1045 of 2016 rgn(co) nr 03/03/2020