S.Ashok v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 29.09.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.30587 of 2015 S.Ashok ..Petitioner
Versus
1. The Government of Tamil Nadu, Represented by the Second Secretary, Personnel and Administrative Reforms (Personnel-P) Department, Secretariat, Chennai - 600 009.
2. The District Collector, Dharmapuri, Dharmapuri District.
3. The Special Thasildar (Land Acquisition), Varattarm Dam Project, Harur Taluk, Dharmapuri District.
4. The District Employment Officer, Dharmapuri District, 255F/Docker, Pasupathi Pannai Illam, Kumarasami Pettai, Dharmapuri District, Pin 636 702.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the first respondent to consider the representation dated 25.07.2014 of the petitioner and to issue instructions to the Second respondent to sponsor the name of the petitioner to the appointing authorities of Departments of Government of Tamil Nadu on priority basis as contemplated in G.O.Ms.No.188, P&AR (Per.P) Department dated 28.12.1976 and in the light of certificate issued by 3rd respondent in Pa.Mu.No.520/07/B3 dated 22.03.2007.
For Petitioner : Mr.J.Muthukumaran For RR1 to R4 : Mr.V.Subbiah, Spl.Govt.Pleader
ORDER
By consent, the writ petition is taken up for final disposal.
2. The petitioner would state that his mother, viz., Tmt.Amudha, wife of Shanmugam, was the owner of the lands admeasuring 0.410 Hectares in Survey No.52/1 and 2.67.0 Hectares in Survey No.53/2B in Daharavalaasai village, Harur Taluk, Dharmapuri District and it was acquired by the Government of Tamil Nadu for "Varattaru Dam Project" and Award No.3/2000 dated 10.01.2001 was passed under the provisions of the Land Acquisition Central Act, 1890. It is the claim of the petitioner in terms of G.O.Ms.No.188, Personnel and Administrative Reforms Department dated 28.12.
1976, priority in the matter of appointments should be given in favour of one eligible person in respect of the families whose lands were acquired by the Government for the public purpose and since the lands of the petitioner's mother have been acquired for public purpose, the petitioner is entitled to get priority in the matter of employment. The petitioner would further claim that he has successfully completed Master of Business Administration [M.B.A.] degree from Periyar University and therefore, he may be given appointment in any one of the suitable post in the Government Departments. In this regard, the petitioner has submitted a representation dated 25.07.2014 to the 3rd respondent, copies marked to the 2nd respondent and since no orders have been passed, the petitioner came forward to file this writ petition.
3. Heard the submissions of the learned counsel for the petitioner and Mr.V.Subbiah, learned Special Government Pleader, who accepts notice on behalf of the respondents.
4. Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the respondents 2 and 3 to consider and dispose of the petitioner's representation dated 25.07.2014 on merits and in accordance with law and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.
5. The writ petition is disposed of accordingly. No costs. AP Sd/- Assistant Registrar (CS) /True Copy/ Sub-Assistant Registrar
To
1. The Second Secretary,Government of Tamil Nadu, Personnel and Administrative Reforms (Personnel-P) Department, Secretariat, Chennai - 600 009.
2. The District Collector, Dharmapuri, Dharmapuri District.
3. The Special Thasildar (Land Acquisition), Varattarm Dam Project, Harur Taluk, Dharmapuri District.
4. The District Employment Officer, Dharmapuri District, 255F/Docker, Pasupathi Pannai Illam, Kumarasami Pettai, Dharmapuri District, Pin 636 702.
+1 C.C. To Government Pleader in SR.NO.52965 W.P.No.30587/2015 RV(CO) sd : 14/10/2015