K.Arumugam, v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2015

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.38748 of 2015 K.Arumugam ... Petitioner Vs.

1.Government of Tamil Nadu Rep.by its Secretary to Government Adidravidar and Tribal Welfare Department Fort St.George, Chennai-9.

2.The District Collector, Salem District, Salem.

3.The District Adi Dravidar and Tribal welfare officer Collector's Office, Salem, Salem District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus to direct the third respondent to consider the representation of the petitioner dated 02.11.2015 which has been made to consider the petitioner for appointment to the post of cook in any of the schools in the Salem region in the office of the District Adidravidar and Tribal Welfare, on merits and in accordance with law.

For Petitioner : Mr.Balan Haridas For Respondents : Mr.S.Gunasekaran, Government Advocate

O R D E R

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

2.The writ petition is filed seeking writ of mandamus directing the third respondent to consider the representation of the petitioner dated 02.11.2015 for appointment to the post of cook in any of the schools in the Salem Region in the office of the District Adidravidar and Tribal Welfare.

3.It is the case of the petitioner that he belongs to Adi dravidar community which is prescribed as Scheduled Caste community. The petitioner is also trained to cook both vegetarian and non-vegetarian foods and obtained experience certificate in cooking.

4.The second respondent issued a notification No.3623/2011/d4 dated 21.10.2015 to fill up the post of 80 cooks in Salem Region. The petitioner applied for the post and attended the interview on 29.10.2015. After the interview was over the petitioner made a representation to the third respondent on 02.11.2015 seeking appointment. Since, it was not considered, the petitioner filed the present writ petition.

5.Heard the submission of Mr.Balan Haridas, learned counsel appearing for the petitioner and Mr.S.Gunasekaran, Government Advocate who accepts notice on behalf of the respondents.

6.This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the third respondent to consider the petitioner representation dated 02.11.2015 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. 7.The Writ Petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar tsh To 1.The Secretary to Government Adidravidar and Tribal Welfare Department Fort St.George, Chennai-9.

2.The District Collector, Salem District, Salem.

3.The District Adi Dravidar and Tribal welfare officer Collector's Office, Salem, Salem District.

+1cc to Mr.Balan Haridas, Advocate, S.R.No.67064 +1cc to the Government Pleader, S.R.No.66253 W.P.No.38748 of 2015 KGK(CO) CA(11/01/2016)