S.Gnanaprakasham v. The Chief Educational Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2018

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.17401 of 2018 Gnanaprakasham .... Petitioner Vs 1.The Chief Educational Officer Chief Educational Office District Collectorate Building II Floor Perambalur, Perambalur District.

2.Joint Director (Personnel) School Education Department DPI Campus College Road Nungambakkam, Chennai-600 006.

3.The District Employment Officer District Employment Office Near Central Library, New Bus Stand Perambalur Post and Taluk Perambalur District.

.... Respondents For Petitioner :

Mr.K.Jayaraman For Respondents:

Mrs.P.Kavitha, Government Advocate Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the first respondent herein to provide employment opportunity to the petitioner as Lab Assistant in the Secondary School Education, Perambalur District, on the basis of Employment Exchange (PRI) 2004M 00004176) dated 16.06.2004 by considering the petitioner's representation dated 06.03.2018.

O R D E R

The petitioner registered his name in the employment exchange at Perambalur District on 16.06.2004 and the same has been periodically renewed. He applied for job as Lab Assistant in the Department of School Education and obtained 103 marks in screening test for lab assistant and his name was in the May 2015 merit list. The petitioner submits that he had submitted all relevant certificates, but the respondents have not yet considered him for employment.

He has also sent a representation on 06.03.2018 to the respondents, which did not evoke any response. Hence, the petitioner has filed the present writ petition. The grievance of the petitioner is that the persons who are much junior to him in the employment exchange seniority list, were given employment, but the petitioner was not considered.

2. Ms.P.Kavitha, learned Government Advocate takes notice on behalf of the respondents and submits that the petitioner has not renewed the employment exchange registration and therefore he was not given employment.

3. In reply, the learned counsel for the petitioner submits that as on the date of notification, ie., on 06.05.2015, his registration in the employment exchange was alive and therefore the petitionr was eligible to be considered, but the respondents did not consider his candicature.

4. Considering the facts and circumstances, the respondents are directed to verify the status of employment exchange registration of the petitioner as on the date of notification ie., 06.05.2015 and if the petitioner is found eligible, the respondent shall consider the petitioner for appointment, if he is otherwise eligible, and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

kst To 1.The Chief Educational Officer Chief Educational Office District Collectorate Building II Floor Perambalur, Perambalur District.

2.Joint Director (Personnel) School Education Department DPI Campus College Road Nungambakkam, Chennai-600 006.

3.The District Employment Officer District Employment Office Near Central Library, New Bus Stand Perambalur Post and Taluk Perambalur District.

+1cc to Mr.K.Jayaraman, Advocate Sr.89169 +1cc to the Government Pleader Sr.89444 W.P.No.17401 of 2018 srg 10/01/2019