C.Kathiravan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.4175 of 2020 C.Kathiravan ... Petitioner vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

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

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the second respondent herein made in A1/1893/2019, dated 22.05.2019 and quash the same and consequently direct the second respondent to sponsor the petitioner's name for suitable post.

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For Petitioner : Mr.P.Arun Jayatram For Respondents : Mrs.K.Christy Theboral Additional Government Pleader

O R D E R

This writ petition has been filed challenging the impugned order passed by the second respondent in A1/1893/2019, dated 22.05.2019 and to quash the same and consequently direct the second respondent to sponsor the petitioner's name for suitable post.

2. The case of the petitioner is that he studied up to 10th standard, but he did not successfully complete the same. He registered his qualification with the second respondent office in the year 1988 and periodically renewed his registration. Now he is aged about 51 years. However, till date the name of the petitioner was not sponsored to any job. Hence, the petitioner has filed a writ petition in W.P.(MD).No.1758 of 2017 before this Court for issuance of a writ of Mandamus, directing the second respondent to sponsor the petitioner's name for any one of the Government job. This Court, by order dated 14.03.2019, directed the 2/5

authorities to consider the petitioner's representation and pass appropriate orders within a period of four weeks. Pursuant to the order, the present impugned order has been passed by the second respondent, rejecting the petitioner's request. Challenging the same, the present writ petition has been filed.

3. The learned counsel appearing for the petitioner would submit that though the petitioner is over aged, however over aged person can participate in the selection process, if any post is available for the above age of 50.

4. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.

5. On perusal of the impugned order, it is seen that the second respondent has categorically stated that the age limit fixed for Hindu Adidravidar people is 35 years and the petitioner has crossed the age of 50 years and if any post is available without age restriction, the 3/5

petitioner's name will be sponsored for employment. The impugned order is not against the petitioner and it is in favour of the petitioner. Hence, this Writ Petition is dismissed. No costs.

07.12.2022 akv To 1.The District Collector, Virudhunagar District, Virudhunagar.

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

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M.DHANDAPANI,J.

akv W.P.(MD)No.4175 of 2020 07.12.2022 5/5