A.Ramji v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 23.12.2022

CORAM:

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE A. Ramji ...

Petitioner vs

1. State of Tamil Nadu rep. By The Secretary to Government, Personnel and Administrative Reforms Department, Secretariat, Chennai - 600 009.

2. The District Collector,

3. The Special Tahsildar, (Land Acquisition), Thoppiar Reservoyer Project,

4. The Executive Engineer, Public Works Department, Thoppiar Reservoyer Project, 1/6

5. The District Employment Officer, District Employment Office, ...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider petitioner's claim for appointment under priority category in the employment registration by appointing him in any of the post based on his educational qualification as per G.O. Ms. No.188, dated 28.12.1976 by considering his representation dated 07.11.2022. For petitioner : Mr.N.Manokaran For respondents :

Mr.Stalin Abimanyu, Addl. Govt. Pleader

ORDER

By consent of both parties, this writ petition is taken up for final disposal in the admission stage itself.

2. Mr.Stalin Abimanyu, learned Additional Government Pleader accepts notice for the respondents.

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3. The grievance of the petitioner in this writ petition is that even though G.O. Ms.188, Personnel and Administrative Reforms (PersonnelP) Department, dated 28.12.1976 enables the petitioner to seek employment with the respondents on account of the lands acquired by the respondents from the petitioner and his family members. Till date, the petitioner has not been given any employment despite his several representations including his last representation dated 07.11.2022.

4. G.O. Ms.188, Personnel and Administrative Reforms (Personnel-P) Department, dated 28.12.1976 gives priority in employment for persons whose lands were acquired by the respondents by way of land acquisition. The petitioner claims that his father's lands were acquired by the respondents and therefore, he is entitled to get the benefit of G.O. Ms.188, Personnel and Administrative Reforms (Personnel-P) Department, dated 28.12.1976.

5. Heard Mr.N.Manokaran, learned counsel for the petitioner and Mr.Stalin Abimanyu, learned Additional Government Pleader appearing for the respondents.

6. No prejudice would be caused to the respondents, if the petitioner's representation seeking for employment in terms of G.O. 3/6

Ms.188, Personnel and Administrative Reforms (Personnel-P) Department, dated 28.12.1976 is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

7. The petitioner has also filed the priority category certificate dated 01.03.2002, issued by the Revenue Tahsildar, which discloses the legal heirs of the land owners which includes the name of the petitioner.

8. For the foregoing reasons, this Court directs the respondents to pass final orders on merits and in accordance with law on the petitioner's representation dated 07.11.2022 seeking for granting employment to him in any of the suitable post, based on G.O. Ms.188, Personnel and Administrative Reforms (Personnel-P) Department, dated 28.12.1976 as well as the priority category certificate dated 01.03.2002, within a period of twelve weeks from the date of receipt of a copy of this order.

9. With the aforesaid directions, this writ petition is disposed of. No costs.

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To

1. State of Tamil Nadu rep. By The Secretary to Government, Personnel and Administrative Reforms Department, Secretariat, Chennai - 600 009.

2. The District Collector,

3. The Special Tahsildar, (Land Acquisition), Thoppiar Reservoyer Project,

4. The Executive Engineer, Public Works Department, Thoppiar Reservoyer Project,

5. The District Employment Officer, District Employment Office, 5/6

ABDUL QUDDHOSE, J.

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