M.Muthu Raman v. The Secretary To Govt.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and M.P(MD)No.2 of 2012 1.M.Muthu Raman 2.T.Ramesh Kumar 3.S.Ayyappan 4.R.Murugesan 5.P.Ramraj 6.I.Pounraj ... Petitioners Vs.
1.The Secretary to Government, Transport, St.George Fort, Chennai.
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2.The District Employment Officer, O/o the District Employment Exchange, Theni.
3.The Managing Director, Tamil Nadu State Transport Corporation Ltd., Bye Pass Road, Madurai - 10.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the first respondent to provide the 5 years age relaxation to the petitioners based on the G.O.No.98 dated 17.07.2006 and permit to participate interview conducted by the third Respondent for the post of Mechanical and Auto Electrician based on the representation, dated 20.08.2012. For Petitioner :Mr.M.Jothiramalingam For Respondents :Mr.M.Lingadurai - for R1 & R2 Special Government Pleader 2/6
O R D E R
(Order of the Court was made by D.BHARATHA CHAKRAVARTHY) The Writ Petition is filed praying for a direction to the first respondent to provide five years of age relaxation to the petitioners based on G.O.Ms.No.98 dated 17.07.2006 and permit the petitioners to participate in the interview conducted by the third respondent for the post of Mechanical and Auto Electrician based on the representation, dated 20.08.2012.
2. It is the case of the Petitioners that they got the qualification of Auto Electrician and MMV license and they have also completed the apprenticeship course in the first respondent, in the year 1997. Even though they were enrolled in the Employment Exchange, their name was not sponsored even on a single occasion and therefore, apart from the regular age, they are entitled to 5 years of age relaxation as per G.O.Ms.No.98, dated 17.07.2006.
3. Even though the Writ Petition is filed in the year 2012, when the petitioners were all aged about 38 years etc., now they are all 3/6
around aged 50 years. This apart, it can be seen that the recruitment took place in the year 2012. Therefore, even the 5 years period which is to be granted from 17.07.2006 also expired by the year 2012.
4. The learned Special Government Pleader appearing on behalf of the respondents 1 and 2 also relied upon the judgment of this Court in W.A.(MD)No.819 of 2012 etc., batch, dated 16.10.2020, thereunder, similar prayers have been rejected by this Court.
5. For all the above reasons, the Writ Petition fails and accordingly, it is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
[S.S.S.R.,J.] [D.B.C,J.] 21.07.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No RM 4/6
To 1.The Secretary to Government, Transport, St.George Fort, Chennai.
2.The District Employment Officer, O/o the District Employment Exchange, Theni.
3.The Managing Director, Tamil Nadu State Transport Corporation Ltd., Bye Pass Road, Madurai - 10.
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S.S.SUNDAR, J.
AND D.BHARATHA CHAKRAVARTHY,J.
RM ORDER MADE IN 21.07.2023 6/6