S.Kandasamy v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.34662 of 2014 S.Kandasamy .. Petitioner Vs.

1. The Chariman, 10th Floor, 144, Annasalai, Chennai - 600 002.

2. The Chief Engineer (Personnel) 8th Floor, 144, Annasalai, Chennai - 600 002.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to recruit the petitioner herein to the post of ITI Helper (Trainee) within a time that may be fixed by this Hon'ble Court. For Petitioner : Mr.S.Saravanan For Respondents 1&2 : Mr.Karthick Raja

ORDER

The prayer made in this writ petition is to issue a Mandamus, directing the respondents to recruit the petitioner to the post of ITI Helper (Trainee) within a time that may be fixed by this Court.

2.According to the learned counsel for the petitioner, the petitioner completed ITI course for Wireman in July 1990 and also obtained a National Apprenticeship Certificate in the year 1993 at Mettur Electricity Distribution Circle, Mettur Dam; and that he registered his name with the respondents for the purpose of employment. Based on the said registration, he was called for an interview for recruitment to the post of ITI Helper (Trainee). Accordingly, he attended the interview on 30.12.2013 and produced all the certificates. The learned counsel further submitted that the Government issued G.O.Ms.No.142, Labour and Employment (B2) Department dated 10.11.1998 stating that the trained apprentices should be given preference over direct

recruitees; as per the said G,O., the petitioner is fully eligible for appointment and the respondent Corporation should have given preference and recruited him as ITI helper (Trainee). However, the petitioner was not considered for the said post. Hence, he made a representation dated 25.11.2014 to the respondents. Finding no response on the same, he has come with this writ petition for the aforesaid relief.

3.Reiterating the averments made in the counter affidavit filed by the respondents, the learned counsel for the respondents submitted that the petitioner did not meet out the requirements for the post in question and hence, he was not considered for appointment.

4.Heard both sides and perused the documents enclosed in the typed set of papers.

5.In this writ petition, the petitioner sought a direction to the respondents to recruit him to the post of ITI Helper (Trainee), by giving preference over the directly recruited persons, in the light of G.O.Ms.No.142, Labour and Employment (B2) Department, dated 10.11.1998. The said claim was resisted by the respondent Corporation stating that the petitioner did not meet out the requirements for the post in question. 6.This Court is of the opinion that the appointment has to be made strictly in accordance with the statutory rules and regulations followed by the respondent authorities and the same cannot be easily interfered with. As it is the specific case of the respondent Corporation that the petitioner did not meet out the requirements for the post in question, the prayer made in this writ petition cannot be entertained by this Court, 7.Hence, this writ petition is liable to be dismissed and is accordingly, dismissed. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar msv To

1. The Chariman, 10th Floor, 144, Annasalai, Chennai - 600 002.

2. The Chief Engineer (Personnel) 8th Floor, 144, Annasalai, Chennai - 600 002.

+1cc to Mr.Karthik Raja , Advocate SR.No. 5394 +1cc to Mr.S.Saravanan, Advocate SR.No. 5706 W.P.No.34662 of 2014 AK II(CO) A.SK(09.07.2021)