Madras High CourtWP/44522/2016disposed of

K.Sivakumar v. The State Of Tamilnadu

2017-01-03Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.44522 of 2016 and WMP.No.38352 of 2016 K.Sivakumar ..

Petitioner vs.

1.The State of Tamilnadu Rep. by The Secretary to Government, Revenue Department, Secretariat, Chennai-9.

2.The Revenue Divisional Officer, O/o. The RDO, Madhurandhagam, 3.The Tahsildar, Madhuranthagam Taluk, Taluk Office, Madhuranthagam, ..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the petitioner for appointment to the post of Village Assistant without reference to the age limit and appoint him to the said post on the basis of the Call Letter sent by the 3rd respondent in the Proc.Na.Ka.9904/2016/A7 dated 7.11.2016 and G.O.(Ms).No.21, Labour and Employment (N2) Department dated 2.2.2000. For Petitioner :

Mr.V.S.Jagadeesan For Respondents :

Mr.K.Dhananjayan, Special Government Pleader

O R D E R

By consent, this Writ Petition is taken up for final disposal.

2. The petitioner claims that he belongs to Hindu Adi Dravidar Scheduled Caste Community and he studied upto 10th Standard and at the age of 18 years, he got himself registered with the jurisdictional Employment Exchange and so also his

educational qualification with Reg.No.KPD1995M00012024 dated 16.11.1995. The petitioner would further state that despite lapse of 21 years from the date of registration, he has not been afforded with any employment opportunity and on 07.11.2016, he has received a call letter from the third respondent calling upon him to appear for personal interview at about 3.00 p.m. for filing up the post of Village Assistant. Accordingly, the petitioner appeared for the interview and he was informed that the upper age limit prescribed for the post is 35 years whereas he is aged about 38 years. The petitioner, in this regard, has also submitted a representation dated 17.12.2016 to the respondents bringing to their knowledge G.O.(Ms.)No.21, Labour and Employment (N2) Department dated 2.2.2000, wherein relaxation of age upto 5 years has been granted and if the said Government Order is taken into consideration, then his claim could have been positively considered and therefore, prays for appropriate orders.

3. Heard the submissions of the learned counsel appearing for the petitioner, Mr.K.Dhananjayan, learned Special Government Pleader who accepts notice on behalf of the respondents and perused the materials available on record.

4. Though the petitioner has prayed for larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the respondent 2 and 3 to consider and dispose of the petitioner's representation dated 17.12.2016 and pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

5. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar jvm To 1.The Secretary to Government, The State of Tamilnadu, Revenue Department, Secretariat, Chennai-9.

2.The Revenue Divisional Officer, O/o. The RDO, Madhurandhagam,

3.The Tahsildar, Madhuranthagam Taluk, Taluk Office, Madhuranthagam, +1cc to The Government Pleader, High Court, Madras sr.769 +1cc to Mr.V.S.Jagadeesan, Advocate sr.717 W.P.No.44522 of 2016 ss(co) ss(11/01/2017)