S.Lordson Vijayakumar v. Special Commissioner And

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2019

CORAM:

THE HONOURABLE DR. JUSTICE VINEET KOTHARI and THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.A.(MD) Nos.821 to 823 of 2010 against WP(MD).Nos.9509,9510 & 9061 of 2010 and M.P.(MD) Nos.1, 1 & 1 of 2010 W.A.(MD).No.821 of 2010 S.Lordson Vijayakumar .. Appellant /Petitioner -vs- Tirunelveli District, Tirunelveli.

Tirunelveli.

... Respondents/ Respondents W.A.(MD).No.822 of 2010 P.Gowdul Auklam .. Appellant / Petitioner -vs-

Dindigul District, Dindigul.

Dindigul District.

... Respondents/ Respondents W.A.(MD).No.823 of 2010 A.Sam Jeba Singh .. Appellant / Petitioner -vs- Kanyakumari District, Kanyakumari.

Kanyakumari District.

... Respondents/Respondents COMMON PRAYER: Writ Appeals have been filed under Clause 15 of Letters Patent, against the common order dated 24.09.2010 passed in W.P.(MD) Nos.9509, 9061 and 9510 of 2010 by a learned Single Judge of this Court.

Prayer in WP(MD).Nos. 9509,9510 & 9061/ 2010 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF DECLARATION, declaring Rule 4(a) of the Special Rules for Tamil Nadu Panchayat Development Engineering Subordinate Service and G.O.Ms.No.96, Rural Development and Panchayat Raj (E3) Department, dated 06-06-2008 as null and void and ultra vires of the Constitution of India and consequently to direct the Respondents No.1-3 to call the petitioner for selection process to the post of Overseer and appoint the petitioner if selected, in the post of Overseer.

For appellant in all the appeals : Mr.T.Lajapathi Roy For respondents in all the appeals : Mr.N.Shanmugaselvam, Special Government Pleader COMMON JUDGEMENT [Judgment of the Court was delivered by S.M.SUBRAMANIAM,J.] The learned counsel appearing on behalf of the appellants made a submission that the appellants have already crossed the age limit for appointment to the post for which they had submitted their applications. That apart, the post is governed by the Special Rules, wherein the age limit is prescribed. This being the factum, no further adjudication needs to be entertained as the appellants have already been over-aged and now the Special Rules are in force, where the age limit is prescribed. Accordingly, these writ appeals stand disposed of as closed. No costs. Consequently, connected miscellaneous petitions are also closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To

Tirunelveli District, Tirunelveli.

Tirunelveli.

5. The District Collector, Dindigul District, Dindigul.

6. The District Employment Officer, Dindigul District.

7. The District Collector, Kanyakumari District, Kanyakumari.

8. The District Employment Officer, Kanyakumari District.

W.A.(MD) Nos.821 to 823 of 2010 26.07.2019 gcg AE/(13.08.2019) 4P 9C