R.Dharmaraj v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.11.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE R. Dharmaraj
...Petitioner
vs.
1. The Secretary of Government, Government of Tamil Nadu BC, MBC and Minorities Welfare Department, St. George Fort, Secretariat, Chennai - 600 009.
2. The Director, BC, MBC and Minorities Welfare Department, Ezhilagam, Chepauk, Chennai - 600 005.
3. The District BC, MBC and Minorities Welfare Officer, BC, MBC and Minorities Welfare Department, Ariyalur District.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider and dispose of the representation submitted by the petitioner dated 20.10.2022 to issue posting orders to the petitioner to appoint in the post of cook in the existing vacancies of the BC, MBC and minorities Welfare hostel.
For petitioner : Mr.K. Shyam Sunder For respondents : Mr.S. Ravikumar, Spl. Govt. Pleader 1/4
ORDER
By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.
2. Mr. S. Ravikumar, learned Special Government Pleader accepts notice for the respondents.
3. The grievance of the petitioner in this writ petition is that he had participated in the selection process for appointment of Cooks in the existing vacancies. According to the petitioner as per the selection, ten persons were selected. However, according to the petitioner only seven persons joined and there are five vacancies. It is the contention of the petitioner that the petitioner is eligible for appointment as a Cook in the unfilled vacancies. In such circumstances, he has given a representation on 20.10.2022 to the respondents requesting them to appoint him as a Cook. Since the representation has not been considered, till date, he has filed this writ petition.
4. Heard Mr.K.Shyam Sunder, learned counsel for the petitioner and Mr. S. Ravikumar, learned Special Government Pleader for the respondents.
5. The petitioner has filed the documents along with this writ petition to substantiate his claim that he had participated in the selection 2/4
process for the appointment of Cooks. He contends that out of ten selected candidates, only seven of them have joined duty. According to him as per the RTI information received, there are five more vacancies available to be filled to the post of Cook. He has given a representation on 20.10.2022 for the said purpose.
6. No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law, within a time frame to be fixed by this Court.
7. For the foregoing reasons, this Court directs the 2nd respondent to pass final orders on merits and in accordance with law on the petitioner's representation, dated 20.10.2022 seeking for appointing him as a Cook in the existing vacancies, within a period of twelve weeks from the date of receipt of a copy of this order.
8. With the aforesaid directions, this writ petition stands disposed of. No costs.
28.11.2022 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 3/4
ABDUL QUDDHOSE, J.
vsi2 To
1. The Secretary of Government, Government of Tamil Nadu BC, MBC and Minorities Welfare Department, St. George Fort, Secretariat, Chennai - 600 009.
2. The Director, BC, MBC and Minorities Welfare Department, Ezhilagam, Chepauk, Chennai - 600 005.
3. The District BC, MBC and Minorities Welfare Officer, BC, MBC and Minorities Welfare Department, Ariyalur District.
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