D.Raja v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2016

CORAM:

THE HON'BLE MR. JUSTICE T.RAJA W.P.No.3495 of 2016 D.Raja .. Petitioner Vs

1. The District Collector Villupuram

2. The District Employment Officer District Employment Office Villupuram.

3. The Special Tahsildar Land Acquisition TNHB Gundu Salai, Cuddalore.

4. The Tahsildar Cuddalore.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the 2nd respondent herein to register the petitioner's name and qualification under the priority category in Government employment and appoint the petitioner in any one of the suitable posts on the basis of petitioner's representation dated 29.5.2012 and the reminder dated 01.7.2014.

For petitioner :

Mr. R.Bharathkumar For respondents :

Mr.P.Chinnadurai Government Advocate

O R D E R

This writ petition has been filed by D.Raja, seeking writ of mandamus directing the respondents to register his name and qualification under the priority category in Government employment and appoint the petitioner in any one of the suitable posts on the basis of his representation dated 29.5.2012 and the reminder dated 01.7.2014 within the time to be stipulated.

2. According to the petitioner, the lands measuring to an extent of 5.5 cents comprised in Survey No.53.2C1A of Saalamedu Village, Villupuram Town belonged to his mother and the same was acquired by the Housing Board for which, the third respondent had also issued a Certificate dated 06.8.2010 for priority in employment in terms of Government Order in G.O.Ms.No.188, Labour and Administrative Reforms Department, dated 28.12.1976. Based on the said certificate, the petitioner registered his name in the District Employment Officer for the purpose of sponsoring his name for any suitable post and the same was periodically renewed. While so, the third respondent by proceedings dated 26.2.2011, furnished the information sought for by the second respondent vide proceedings dated 15.11.

2010 and recommended the petitioner's name for employment on priority basis. The grievance of the petitioner is that in spite of the recommendation by the third respondent, the second respondent is not taking suitable action for sponsoring his name. Therefore, the petitioner has come forward with this writ petition.

3. The learned counsel for the petitioner brought to the notice of this Court the proceedings dated 06.8.2010 issued by the third respondent, namely, the Special Tahsildar, Land Acquisition/TNHB, certifying that the petitioner is one of the affected persons in view of the acquisition of his lands and also the Certificate issued by the Special Tahsildar, Land Acquisition/TNHB, approving the genuineness of the certificate issued and also the genuineness of the claim made by the petitioner for getting priority in employment and submitted that in spite of all these documents issued by the third respondent, the second respondent has been unnecessarily dragging on the matter without including the petitioner's name in the priority category in Government employment.

4. At this stage, the learned Government Advocate appearing for the respondents submitted that the case of the petitioner would be duly considered on the basis of the aforesaid documents issued by the third respondent.

5. The said submission is recorded. In view of the above documents, this Court is of the view that the petitioner's name need to be included under the priority category. Therefore, the second respondent is hereby directed to consider the case of the petitioner for inclusion of his name under the priority Category in Government employment, after going through the aforesaid documents, and pass orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

The writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar ga To

1. The District Collector Villupuram

2. The District Employment Officer District Employment Office Villupuram.

3. The Special Tahsildar Land Acquisition TNHB Gundu Salai, Cuddalore.

4. The Tahsildar Cuddalore.

+1 cc to M/s.R.Bharathikumar, Advocate, sr.8402 +1 cc to The Government Pleader, sr.8210 W.P.No.3495 of 2016 ala co kra 07.04.2016