K.Ravi Kumar, v. The Chairman And Managing
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.04.2016
CORAM
THE HON'BLE MR. JUSTICE T.RAJA W.P.Nos.5099, 4986 & 5137 of 2016 and WMP.Nos.4435, 4436, 4352, 4353, 4499 & 4500 of 2016 1.K.Ravi Kumar ... Petitioner in W.P.5099/2016 2.S.Kumar ... Petitioner in W.P.4986/2016 3.D.Thangavel ... Petitioner in W.P.5137/2016 Vs.
1.The Chairman and Managing Director, Perambalur Sugar Mills Ltd., No.690, Anna Salai, Chennai-600 035.
... R1 in W.P.5099 & 5137/2016 & R6 in W.P.4986/206 2.The Chief Executive Officer, Perambalur Sugar Mills Ltd., Eraiyur PO., Veppanthattai Taluk, Perambalur-621 133.
... R2 in W.P.5099 & 5137/2016 & R7 in W.P.4986/206 3.The Chief Secretary/Vigilance Commissioner, Government of Tamil Nadu, ... R1 in W.P.4986/2016 4.The Secretary to Government, Labour & Employment Department, ... R2 in W.P.4986/2016 5.The Director of Employment and Training, Guindy, Chennai-600 032.
... R3 in W.P.4986/2016 6.The District Employment Officer, Perambalur District.
... R4 in W.P.4986/2016
7.The Secretary to Government, Industries Department, ... R5 in W.P.4986/2016 Prayer in W.P.Nos.5099 & 5137 of 2016:Petition filed under Article 226 of The Constitution of India praying to issue a writ of Certiorarified Mandamus, calling for the records of the second respondent culminating in the issuance of notification dated nil published in the New Indian Express on 08.01.2016, issued by the 2nd respondent quash the same and consequently, direct the respondents to notify the post for selection following the relevant rules and regulation in force in respect of age limit.
Prayer in W.P.No.4986 of 2016:Petition filed under Article 226 of The Constitution of India praying to issue a writ of Certiorarified Mandamus, calling for the records relating to the impugned notification dated 08.01.2016 issued by the seventh respondent herein and quash the same as being illegal, arbitrary, unconstitutional and consequently direct the respondents 1 to 5 to issue necessary directions to respondents 6 & 7 to fill up the vacancies with age limit as per the norms and procedures of the third respondent issued notification dated 12.01.2016 in the state.
For Petitioner : Mr.M.Vijaya Mehanath in W.P.5099 & 5137/2016 for Mr.S.Senthil For Petitioner : Mr.T.Sundaravadanam in W.P.4986/2016 For Respondents : Mr.S.Gunasekaran, in all the W.Ps Additional Government Pleader C O M M O N O R D E R Since the issue involved in all the three petitions are one and the same, they have been taken up together for hearing.
2.The Writ Petitions have been filed by the petitioners seeking a Writ of Certiorarified Mandamus, calling for the records of the second respondent herein/Chief Executive Officer, Perambalur Sugar Mills Ltd., Eraiyur PO., Veppanthattai Taluk, Perambalur culminating in the issuance of notification dated nil published in the New Indian Express on 08.01.2016 and to quash the same and consequently, to direct the respondents to notify the post for selection following the
relevant rules and regulation in force in respect of age limit.
3.Heard Mr.M.Vijaya Mehanath, learned counsel for the petitioner in in W.P.5099 & 5137 of 2016 and Mr.T.Sundaravadanam, learned counsel for the petitioner in W.P.4986 of 2016 as well as Mr.S.Gunasekaran, learned Additional Government Pleader for the respondents. A detailed counter has been filed by the respondents.
4.The learned Additional Government Pleader appearing for the respondents submitted that the second respondent herein/Chief Executive Officer, Perambalur Sugar Mills Ltd., Eraiyur PO., Veppanthattai Taluk, Perambalur has undertaken to issue a fresh advertisement after consulting with the concerned Department with regard to the relaxation of upper age limit for Scheduled Caste/Scheduled Tribe and other community as per the Government Orders and thereafter, the second respondent herein would invite further application before conducting the interview. Therefore, as on today, the previous impugned notification dated 08.01.2016 published by the respondent has been withdrawn and the second respondent herein/Chief Executive Officer, Perambalur Sugar Mills Ltd., Eraiyur PO., Veppanthattai Taluk, Perambalur is going to issue new notification.
5.In view of the undertaking given by the second respondent herein/Chief Executive Officer, Perambalur Sugar Mills Ltd., Eraiyur PO., Veppanthattai Taluk, Perambalur, these writ petitions are dismissed. Consequently, connected Miscellaneous Petitions are also closed. No costs. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar DP To 1.The Chairman and Managing Director, Perambalur Sugar Mills Ltd., No.690, Anna Salai, Chennai-600 035.
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2.The Chief Executive Officer, Perambalur Sugar Mills Ltd., Eraiyur PO., Veppanthattai Taluk, Perambalur-621 133.
3.The Chief Secretary/Vigilance Commissioner, Government of Tamil Nadu, 4.The Secretary to Government, Labour & Employment Department, 5.The Director of Employment and Training, Guindy, Chennai-600 032.
6.The District Employment Officer, Perambalur District.
7.The Secretary to Government, Industries Department, 3 ccs to Government Pleader, sr.21311, 21312, 21320 3 ccs to Mr.S.Gunasekaran, Advocate, 21232, 21234,21235 3 ccs to Mr.S.Senthil, Advocate, sr.21250, 21251, 21378 W.P.Nos.5099, 4986 & 5137 of 2016 and WMP.Nos.4435, 4436, 4352, 4353, 4499 & 4500 of 2016 lrs co kra 29.04.2106