V.Boominathan v. The Secretary (Chief Ministers Special Cell)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN V.Boominathan

...Petitioner

-Vs1.The Secretary (Chief Minister's Special Cell), Government of Tamil Nadu, Secretariat, St.George Fort, Chennai - 600 009.

2.The Tamil Nadu Uniform Service Recruitment Board (TNUSRB), Old Commissioner of Police office Campus, Pantheon Road, Egmore, Chennai - 600 008.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to consider the representation dated 19.03.2022 given by the petitioner and to provide some preference to the petitioner while making recruitment by the 2nd respondent. For Petitioner : Mr.P.Vijendran For R1 : Mr.A.M.Ayyadurai Government Advocate For R2 : Mr.P.Kumaresan Additional Advocate General assisted by Mrs.T.Sowmi Dattan, Standing Counsel

ORDER

This writ petition has been filed for direction directing the respondents to consider the representation dated 19.03.2022 seeking some preference to the petitioner while making recruitment by the second respondent to the post of Home Guard.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner had joined as a member of Home Guard in the year 2015. The team of Home Guard has been functioning under the Tamil Nadu Home Guards Act, 1963. It is a volunteer body controlled by the Government of Tamil Nadu. Now, the petitioner filed this writ petition for granting preference either by way of horizontal reservations or some other mode of importance, on the ground that the period of service was rendered in the Tamil Nadu Home Guard and acquired experience. Therefore, they should be given preference such as Ex-service man and some other Government employments. Though the petitioner appeared before the second respondent for the post of Fireman, he was not selected. That apart, such an omnibus prayer directing the respondents to consider the case of the petitioner by preference cannot be considered and

this writ petition is devoid of merits and is liable to be dismissed.

4. Accordingly, this writ petition stands dismissed. There shall be no order as to costs.

10.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To 1.The Secretary (Chief Minister's Special Cell), Government of Tamil Nadu, Secretariat, St.George Fort, Chennai - 600 009.

2.The Tamil Nadu Uniform Service Recruitment Board (TNUSRB), Old Commissioner of Police office Campus, Pantheon Road, Egmore, Chennai - 600 008.

10.01.2024