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Madras High CourtWP/17194/2020disposed of

P.Palanisamy v. The Principal Secretary/ The Agriculture Production

2022-03-17Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR and WMP.No.21241 of 2020 P.Palanisamy ..

Petitioner vs.

1.The Principal Secretary / Agricultural Production Commissioner, Secretariat, Fort St.George, Chennai-600 009.

2.The Chief Executive Officer, State Level Nodal Agency, TANCOF Building No.55, Thiru Vi.Ka. Industrial Estate, Ekkattuthangal, Chennai-600 032.

..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Letter No.1121/SLNA/2020 dated 12.08.2020 on the file of the respondent No.2 and quash the same as illegal to the extent of terminating the services of the petitioner from the post of Agronomist, Watershed Development Team Member and consequently to direct the respondents to retain the petitioner till the end of consolidation phase of the Integrated Watershed Management Programme -XIII in Perambalur District.

For Petitioner : M/s.P.Rajesh & Selvi Rajesh For Respondents : Mrs.P.Rajarajeswari, Government Advocate

ORDER

Challenge in the writ petition is to the impugned order in Letter No.1121/SLNA/2020 dated 12.08.2020 on the file of the respondent No.2 and quash the same as illegal to the extent of terminating the services of the petitioner from the post of Agronomist in Watershed Development Team Member and consequently to direct the respondents to retain the petitioner till the end of consolidation phase of the Integrated Watershed Management Programme -XIII in Perambalur District.

2. The learned counsel for the petitioner submitted that similarly placed persons have filed writ petitions before the Madurai Bench of this Court in W.P.(MD)Nos.11052 of 2020 etc., batch and vide order dated 17.12.2020, this Court has passed the following order:

"16.Considering the fact that the petitioners are working for more than 10~15 years in the same project and considering the age of the petitioners and that the respondents being a welfare state, though it is not a matter of right for the petitioners to claim any legal right over the employment, it is

also the duty of the State Government to protect the interest of the petitioners to the extent of their survival, as the State has utilised their services extensively, they cannot go and seek for any new employment, thus, this Court is of the opinion that the respondents can utilise the services of the petitioners in the forthcoming new projects, as stated in the affidavit filed by the second respondent. The petitioners have already got rich experience in the said watershed project. No doubt, such rich experience will be useful for the respondents, in case of utilising their services in the forthcoming new watershed projects which will be beneficial not only for the respondents, but also the agriculturists.

17.Though this Court is not inclined to allow these writ petitions, as there is no merit, this Court is inclined to direct the respondents (a).to consider the petitioners, who are all already worked in the watershed projects, and give priority in employment to them, in the forthcoming new projects of the respondents; and (b).to consider the age relaxation, in the case of direct recruitment for watershed projects, to the petitioners, so as to enable them to participate in the process of direct recruitment."

The learned counsel for the petitioner therefore prays that it would be suffice, if similar orders are passed in the present writ petition also.

D.KRISHNAKUMARM, J.

Jvm

3. The learned Government Advocate for the respondents has also not disputed the said fact.

4. In view of the above, this Court directs the respondents to consider the claim of the petitioner in the light of the orders passed by this Court in W.P.(MD)Nos.11052 of 2020 etc., batch dated 17.12.2020 and pass orders on its own merits and in accordance with law.

5. The Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

17.03.2022 Index : Yes / No Internet : Yes / No Jvm To 1.The Principal Secretary / Agricultural Production Commissioner, Secretariat, Fort St.George, Chennai-600 009. 2.The Chief Executive Officer, State Level Nodal Agency, TANCOF Building No.55, Thiru Vi.Ka. Industrial Estate, Ekkattuthangal, Chennai-600 032.