C.Sivakumar v. The Director Of Sericulture

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.K. SASIDHARAN and THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.A.Nos.794 and 795 of 2016 and C.M.P.Nos.10412 and 10413 of 2016 C.Sivakumar .... Appellant in W.A.No.794 of 2016 V.Pandi .... Appellant in W.A.No.795 of 2016 -vs1. The Director of Sericulture, Nethaji Nagar, Hasthampatti, Salem - 636 007.

2. The Assistant Director of Sericulture, Folks Compound, Anaimedu, Salem - 636 001.

.... Respondents in the above W.As PRAYER: Writ Appeal filed under Clause 15 of Letters Patent against the order passed in W.P.Nos.6989 and 6990 of 2016 dated 25.02.2016.

WP.Nos.6989 and 6990 of 2016:Writ petitions filed under Article 226 of the Constitution of India seeking writ of mandamus directing the respondents to conduct interview to the petitioners for appointment to the post of Junior Inspector of Sericulture and to consider the name of the petitioner for appointment to the post of Junior Inspector of Sericulture based on the marks secured in the written test and interview For Appellant :

Mr.M.Saravanakumar For Respondents:

Mr.V.Anandhamoorthy, AGP C O M M O N J U D G M E N T [Judgment of the Court was delivered by R.SUBRAMANIAN,J.] Challenge in the above intra Court appeals is to the order of the learned single Judge made in W.P.Nos.6989 and 6990 of 2016, in and by which, the Writ Petitions filed by the appellants were dismissed.

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2. The appellants had applied for the post of Junior Inspector of Sericulture. They were also successful in their written examination. They were called for the interview. It is the case of the appellants that they received the call letters for the interview only on the evening of 18.02.2016, namely, the date of interview. Therefore, according to them, they should be given a chance.

3. The respondents have filed a counter affidavit in the Writ Petitions wherein it is claimed that the call letters were despatched on 13.02.2016 for the interview to be held on 18.02.2016. The delay was due to the fact that the appellants had given the pincode number wrongly as 630 501 instead of 631

501. Due to the said mistake, the call letters issued had gone to Karaikudi and they were redirected to Kancheepuram, which caused the delay. Therefore, the respondents were not responsible for the delay in the delivery of the call letters to the appellants.

4. A counter affidavit has been filed in the above Writ Appeals wherein it is stated that the entire recruitment process was over on 02.03.2016 itself. Therefore, the same cannot be reopened today.

5. In view of the same, we do not see any reason to interfere with the order of the learned single Judge. The Writ Appeals are dismissed confirming the order of the learned single Judge. However, there will be no order as to costs. Consequently, the connected Miscellaneous Petitions are also dismissed.

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

1. The Director of Sericulture, Nethaji Nagar, Hasthampatti, Salem - 636 007.

2. The Assistant Director of Sericulture, Folks Compound, Anaimedu, Salem - 636 001.

+2cc to Mr.M.Saravana kumar, Advocate Sr.No.46810 +1cc to Government Pleader SR.No.47609 KGK(CO) sm:10.8.2018 W.A.Nos.794 and 795 of 2016 and C.M.P.Nos.10412 and 10413 of 2016 https://hcservices.ecourts.gov.in/hcservices/