N.Mariappan v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 26.10.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.33814 of 2015 N.Mariappan

...Petitioner

v.

1.The Collector, Krishnagiri, Krighnagiri District.

2.Seetharaman

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a writ of mandamus to direct the 1st respondent to consider the petitioner's representation dated 3.9.2015 seeking review of the appointment of the 2nd respondent as Ambulance Assistant and appoint the petitioner in the place of the 2nd respondent. For Petitioner :

Mr.P.Rajendran For Respondents :

Mr.V.Subbiah, Spl. Govt. Pleader

ORDER

By consent, the writ petition is taken up for final disposal.

2. The petitioner, in pursuant to the notification issued by the 1st respondent dated 04.06.2015, has submitted an application on 05.06.2015 for the post of Ambulance Assistant and his name was sponsored by the jurisdictional Employment Exchange. The petitioner also attended the certificate verification on 29.07.2015, he has also participated in the selection process and the age limit prescribed was 35 years. At the time of submission of the application, the petitioner was aged 35 years and one month. All the other candidates were aged above 35 years. However, https://hcservices.ecourts.gov.in/hcservices/

the 1st respondent appointed the 2nd respondent on 31.08.2015 as Ambulance Assistant, though he is aged 42 years. In this regard, the petitioner has submitted a representation dated 03.09.2015 to the 1st respondent and since no orders have been passed, the petitioner came forward to file this writ petition.

3.

This Court heard the submissions of Mr.P.Rajendran, learned counsel for the petitioner and Mr.V.Subbiah, learned Special Government Pleader, who accepts notice on behalf of the 1st respondent.

4. This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the case, directs the 1st respondent to consider the petitioner's representation dated 03.09.2015 and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the 2nd respondent. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar Rj To The Collector, Krishnagiri, Krighnagiri District.

1 CC to Mr.P.Rajendran, Advocate SR.No. 58049 1 CC to the Government Pleader, SR.No. 58039 W.P.No.33814 of 2015 KK (CO) PSI (06.11.2016) https://hcservices.ecourts.gov.in/hcservices/