S.Dhanasekar v. The Principal Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2021 C O R A M THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.No.18267 of 2020 S.Dhanasekar
...Petitioner
Vs.
1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.
2.The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.
3.The District Collector, Tiruvallur District, Tiruvallur - 602 001.
4.The Tahsildar, Uthukottai Taluk, Tiruvallur District - 602 026.
5.The District Employment Officer, Tiruvallur District, Tiruvallur.
...Respondents
Prayer: Writ petition filed under Article 226 of Constitution of India praying to issue a writ of mandamus, directing the respondents 1 and 2 to issue the appropriate orders on the petitioner representation dated 20.02.2020 and followed the reminder dated 07.11.2020 for granting relaxation of rule upper age limit, in petitioner favour, so as to enable the petitioner for appointment to the post of Village Assistant in any one of the existing vacancies in uthukottai Taluk, in the light of petitioner performance in the selection process. For Petitioner : Mr.T.Dharani For Respondents : Mr.P.V.Selvakumar Additional Government Pleader
O R D E R
Mr.P.V.Selvakumar, learned Additional Government Pleader takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal.
2. The petitioner was applied for the post of Village Assistant and was called for selection and his name was in Sl.No.1 in the list. However, due to the challenge of selection process by some aspirants by way of writ petition, the selection was set aside and new selection process is going on. Now the petitioner has crossed the upper age limit. However, in G.O.Ms.No.21, Labour and Employment Department, dated 02.02.2020, the Government has given 5 years age relaxation to the employees. He made a repeated requests and his last representation dated 20.02.2020.
3. According to the learned counsel for the petitioner, had the selection process for Village Assistant went on properly, petitioner would have been selected in the year 2012 itself. However, due to unavoidable circumstances, the selection process was set aside and in the meanwhile he has crossed the age limit. Therefore, he made a representation to consider the age relaxation in his case, in the light of the G.O.Ms.No.21, Labour and Employment Department, dated 02.02.2020 and his representation is kept pending for disposal.
4. Heard the submissions made on either side and perused the materials available on record.
5. Considering the facts and circumstances of the case, a direction is given to the first respondent to consider the representation of the petitioner dated 02.02.2020 and pass orders in the light of the G.O.Ms.No.21, Labour and Employment Department, dated 02.02.2020, on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
6. The writ petition is disposed of accordingly. No costs.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar Pns
To 1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.
2.The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.
3.The District Collector, Tiruvallur District, Tiruvallur - 602 001.
4.The Tahsildar, Uthukottai Taluk, Tiruvallur District - 602 026.
5.The District Employment Officer, Tiruvallur District, Tiruvallur.
+1 CC to The Government Pleader sr 26348.
+1 CC to Ms.T. Dharani, Advocate sr 26066.
W.P.No.18267 of 2020 UM(CO) SP(08/07/2021)