Jaihinthkumar v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Jaihinthkumar ... Petitioner Vs.

1.The Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamaraj Salai, Chennai - 600 005.

2.The Chief Engineer, Tamil Nadu Slum Clearance Board, No.5, Kamaraj Salai, Chennai - 600 005.

3.The Executive Engineer, Tamil Nadu Slum Clearance Board, T.P.Chattram (ETRP Special Division) Chennai - 10.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondent herein to seeking a re-appointment in Tamilnadu slum clearance board or recommend the petitioner's name to other department by considering petitioner representation dated 25.01.2019.

For Petitioner : Mr.S.Veerapandi Selvaraj For Respondents : Mr.S.Karthikeyan [For TNSCB]

O R D E R

The relief sought for in the present writ petition is to direct the respondents to re-appoint the writ petitioner in Tamil Nadu Slum Clearance Board or to recommend the name of the petitioner to appoint him in any other department.

2. The petitioner was engaged as daily wage employee under Tsunami projects. On completion of the said project / scheme, the services of the writ petitioner had been discontinued in the year 2012.

3. The grievance of the writ petitioner is that the authorities agreed to give priorities in respect of appointments made in future vacancies. Even in such circumstances, the petitioner has to participate in the process of selection, if any notified by the competent authorities. Mere engagement in Government related projects cannot confer any right to claim appointment in any department. The petitioner for securing permanent employment has

to participate in the process of selection through open competitive process. Admittedly, the petitioner served in the Tsunami projects till the year 2012 and this being the factum the relief as such sought for cannot be granted. If at all any recruitment notification issued, the petitioner is at liberty to participate in the process of selection as per the law.

4. With this liberty, the Writ Petition stands disposed of. No costs. 28.11.2022 Jeni Index : Yes Speaking order To 1.The Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamaraj Salai, Chennai - 600 005.

2.The Chief Engineer, Tamil Nadu Slum Clearance Board, No.5, Kamaraj Salai, Chennai - 600 005.

3.The Executive Engineer, Tamil Nadu Slum Clearance Board, T.P.Chattram (ETRP Special Division) Chennai - 10.

S.M.SUBRAMANIAM, J.

Jeni 28.11.2022