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Madras High CourtWP/5927/2014disposed of

R.Muthusamy v. The Director

2021-01-18Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.5927 of 2014 and M.P.No.1 of 2014 and WMP.No.4786 of 2016 R.Muthusamy ... Petitioner Vs.

1.The Director, Directorate of Employment and Training Thiru Vi Ka Industrial Estate, Guindy, Chennai - 600 032.

2.The Joint Director, Directorate of Employment and Training Thiru Vi Ka Industrial Estate, Guindy, Chennai - 600 032.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to conduct interview on 03.03.2014 to the petitioner for the post of Junior Training Officer (Fitter Trade) on the basis of the representation dated 24.02.2014. For Petitioner : No Appearance For Respondents : Mr.J.Ramesh Additional Government Pleader

O R D E R

The writ petition has been filed seeking to issue a Writ of Mandamus directing the second respondent to conduct interview on 03.03.2014 to the petitioner for the post of Junior Training Officer (Fitter Trade) on the basis of the representation dated 24.02.2014.

2.According to the petitioner, the respondents called for recruitment (Direct) to the post of Junior Training Officer (Fitter) on 16.11.2004 and the petitioner attended the interview on 26.11.2004. However, during the year 2012, the respondent informed that the selection was cancelled. Therefore, the

petitioner made representation to the respondents on 20.09.2013 and since there was no reply, he filed W.P.No.29432 of 2013, which was disposed of, by this Court on 30.10.2013, directing the respondents therein to consider the case of the petitioner. Even thereafter, the respondents did not conduct any selection process. In this regard, the petitioner made representation on 24.02.2014, which was not considered till date. Hence, this writ petition.

3.The respondents have filed a counter affidavit stating that only those candidates who have been sponsored by the Employment Exchanges on the basis of seniority were permitted to appear for the interview in the direct recruitment to the post of Junior Training Officer in the year 2014 and hence, the claim of the petitioner is untenable.

4.There is no representation for the petitioner. Heard the learned Additional Government Pleader appearing for the respondents and also perused the materials brought on record. 5.In this writ petition, the petitioner sought a direction to the second respondent to conduct interview on 03.03.2014 to the petitioner for the post of Junior Training Officer (Fitter), whereas the respondents categorically averred in their counter affidavit that the candidates, who have been sponsored by the Employment Exchanges on the basis of seniority, were alone permitted to appear for the interview in the direct recruitment to the post in question.

6.Considering the fact that the period during which the interview is scheduled to be conducted, was already over and also in the light of the settled legal position that the recruitment shall be made as per the existing Rules and procedures as prescribed by the department concerned and the same cannot be done according to the whims and fancies of the parties, this Court is of the opinion that nothing survives for adjudication in this writ petition.

7.Hence, this writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar pri

To 1.The Director, Directorate of Employment and Training Thiru Vi Ka Industrial Estate, Guindy, Chennai - 600 032.

2.The Joint Director, Directorate of Employment and Training Thiru Vi Ka Industrial Estate, Guindy, Chennai - 600 032.

W.P.No.5927 of 2014 And M.P.No.1 of 2014 and W.M.P.No.4786 of 2016 RSV(CO) GN(23/06/2021)