S.Prasath, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.19742 & 19744 of 2024 S.Prasath ....
Petitioner Vs 1.The State of Tamil Nadu, Rep. by its Secretary, Labour & Employment Department, Fort St.George, Chennai - 600 009.
2. The Chairman, Selection Committee C/o.The Managing Director, Tamil Nadu Water Supply & Drainage Board, No.21, Kamarajar Salai, Chepauk, Chennai - 600 005.
3. The Commissioner, Directorate of Employment and Training, Alandur Road, Thiru-vi-ka Industrial Estate, Guindy, Chennai - 600 032.
4. The District Employment Officer, No.2/67A, T.B.Link Road, Old Pet, Krishnagiri District - 635 001.
5. The District Employment Officer, Govt. ITI Campus, Palacode Main Road, Kadagathur, Dharmapuri District - 636 809.
6. S.Vadivelkumar .....
Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the second respondent herein, which culminated in the impugned proceeding No.3 dated 14.12.2012 of the second respondent comprising selection lists for the posts of Junior Draughting Officers, quash the Selection and Appointment of candidate Thiru S.Vadivelkumar, the 6th respondent herein, under reservation for "Legal Heirs of Freedom Fighters/Tamizh Mozhi Kavalar" and consequently direct the 2nd respondent to appoint the petitioner to the one post of Junior Draughting Officer which was reserved for "Legal Heirs of Freedom Fighters/Tamil Mozhi Kavalar" along with the consequent present applicable seniority in position and pay. For Petitioner : Mr.J.T.Rajasuriya For R1 to R5 : Mr.V.P.R.Elamparithi Additional Government Pleader
ORDER
This Writ Petition has been filed challenging the order passed by the second respondent dated 14.12.2012, thereby appointed the sixth respondent as Junior Draughting Officer.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 5 and perused the materials available on record.
3. The petitioner is the son of the freedom fighter. As per various Government orders, the petitioner sought for employment under the category of freedom fighter. The petitioner is qualified with Master of Engineering degree. In the year 2012, the second respondent proceeded to fill up the post of Junior Draughting Officer. The petitioner also applied for the said post under the freedom fighter quota. After certificate verification, the petitioner attended the written examination. Thereafter, the petitioner was called for interview. However, he was not selected for the post of Junior Draughting Officer. The sixth respondent was selected and he was appointed in the year 2012. After a period of twelve years, now the petitioner challenging the order of appointment of the sixth respondent on the ground that the sixth respondent cannot be appointed under freedom fighter category of reservation.
4. The learned counsel appearing for the petitioner would submit that the petitioner obtained information under Right to
Information Act only in the recent period and as such, there is delay. In fact, the petitioner already filed a writ petition before this Court in W.P.No.10012 of 2013 seeking a direction to appoint the petitioner as a Junior Draughting Officer under the category of legal heir of freedon fighter on par with the candidates selected as per the Proceedings No.3 dated 14.12.2012 on the file of the second respondent. This Court, by an order dated 06.03.2020, dismissed the said writ petition on the ground that the petitioner cannot have any grievance over the meritorious candidate.
5. In view of the above, this Court finds no infirmity or illegality in the order passed by the second respondent dated 14.12.2012. Thus, the writ petition itself is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. Consequently, connected miscellaneous petitions are closed. No costs. 09.07.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp
To
1. The Secretary, Labour & Employment Department, Fort St.George, Chennai - 600 009.
2. The Chairman, Selection Committee C/o.The Managing Director, Tamil Nadu Water Supply & Drainage Board, No.21, Kamarajar Salai, Chepauk, Chennai - 600 005.
3. The Commissioner, Directorate of Employment and Training, Alandur Road, Thiru-vi-ka Industrial Estate, Guindy, Chennai - 600 032.
4. The District Employment Officer, No.2/67A, T.B.Link Road, Old Pet, Krishnagiri District - 635 001.
5. The District Employment Officer, Govt. ITI Campus, Palacode Main Road, Kadagathur, Dharmapuri District - 636 809.
G.K.ILANTHIRAIYAN. J, Lpp 09.07.2024