S. Marimuthu v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN and M.P.(MD)No.1 of 2012 S.Marimuthu ... Petitioner Vs.

1.The Commissioner, Animal Husbandry and Veterinary Services, Chennai-6.

2.The Employment Officer, District Employment Office, Virudhunagar District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the second respondent to sponsor the petitioner's name to the first respondent for the selection of the Livestock Inspector Post.

For Petitioner :

Mr.R.Saravanan For Respondents :

Mr.D.Gandhiraj Special Government Pleader

O R D E R

This Writ Petition is filed for issuance of a Writ of Mandamus, seeking a direction to the second respondent to sponsor the petitioner's name to the first respondent for the selection of Livestock Inspector Post. 2.The learned counsel for the petitioner submitted that the petitioner is a B.B.A graduate. He registered with the second respondent/Employment Exchange on 22.11.1995 for a priority employment on the ground that the petitioner's father's land was acquired. The petitioner's Employment Priority Certificate was given on 18.08.1999. However, his name was not sponsored by the second respondent till date. He understands that when Livestock Inspector post was filled up, his junior name was sponsored. Therefore, the petitioner has filed the present petition with the aforesaid prayer.

3.Mr.D.Ghandiraj, learned Special Government Pleader appearing for the respondents submitted that the petitioner was aged about 38 years at the time of filing this writ petition. He further submitted that the petitioner crossed the maximum age and therefore, his request cannot be considered. 4.I have considered the rival submissions made by the learned counsel appearing for the parties and perused the materials placed before this Court.

5.It is seen from the records that the petitioner had submitted the representations, dated 17.07.2012 and 25.07.2012 with the second respondent to sponsor his name to the post of Livestock Inspector and give preference to him on the basis of the Employment Preference Certificate issued to him. Since he has degree qualification, the maximum age of 32 years is not applicable to him.

6.In a similar case, this Court in W.P.(MD)No.4775 of 2012, on 12.04.2012 has passed the following order:- "....3.In view of the limited prayer sought for by the petitioner, I direct the second respondent to sponsor the name of the petitioner for being appointed as Veterinary Inspector in Pudukkottai District vacant, if he is eligible for the same and if he stands in the line of queue, within a period of fifteen days from the date of receipt of a copy of this order. On doing so, the first respondent is directed to consider the claim of the petitioner for appointment to the post of Veterinary Inspector..."

7.Considering the representation of the petitioner, dated 25.07.2012, this Court directs the second respondent to pass appropriate orders sponsoring the petitioner's name to the post of Livestock Inspector or to other post suitably to his educational qualification and other qualification, subject to fulfilling the eligibility and other qualification requirements. This exercise is to be done within a period of four weeks from the date of receipt of a copy of this order.

8.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 12.08.2022 Index : Yes / No Speaking Order : Yes / No sji To 1.The Commissioner, Animal Husbandry and Veterinary Services, Chennai-6.

2.The Employment Officer, District Employment Office, Virudhunagar District.

G.CHANDRASEKHARAN, J.

sji 12.08.2022