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Madras High CourtWP(MD)/5825/2015disposed of

M. Elavarasan v. Secretary To Government

2015-07-14Honourable Mr Justice S. Vaidyanathan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2015 Coram THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)Nos.5825 to 5839 of 2015 M. ELAVARASAN ... Petitioner(s) in WP(MD). 5825/ 2015 S. THANGARASU, ... Petitioner(s) in WP(MD). 5826/ 2015 G.SEKARAN, ... Petitioner(s) in WP(MD). 5827/ 2015 J.BABU ... Petitioner(s) in WP(MD). 5828/ 2015 S. MANOHARAN, ... Petitioner(s) in WP(MD). 5829/ 2015 V.DEVI, ... Petitioner(s) in WP(MD). 5830/ 2015 P.TAMILSELVI ... Petitioner(s) in WP(MD). 5831/ 2015 K. VELU, ... Petitioner(s) in WP(MD). 5832/ 2015 S.RAMESH, ... Petitioner(s) in WP(MD). 5833/ 2015 N. CHANDRAN ... Petitioner(s) in WP(MD). 5834/ 2015 C. VASANTHAKUMAR, ... Petitioner(s) in WP(MD). 5835/ 2015 R.AZHAGAMUTHU, ... Petitioner(s) in WP(MD). 5836/ 2015 G.RAJA ... Petitioner(s) in WP(MD). 5837/ 2015 S. SARASU, ... Petitioner(s) in WP(MD). 5838/ 2015

M.KALARANI, ... Petitioner(s) in WP(MD). 5839/ 2015 - Vs. - 1 SECRETARY TO GOVERNMENT DEPARTMENT OF ADI DRAVIDAR AND TRIBAL WELFARE, SECRETARIAT ST. GEROGE FORT, CHENNAI. 2 THE COMMISSIONER TRIBAL WELFARE, CHEPAUK, CHENNAI-5. 3 DISTRICT ADI DRAVIDAR AND TRIBAL WELFARE OFFICER, COLLETORATE CAMPUS, TRICHY, TIRUCHIRAPPALLI DISTRICT. 4 ASSISTANT DIRECTOR DISTRICT EMPLOYMENT OFFICE, TIRUCHIRAPPALLI-1.

... Respondents in all the WP'S Prayer in WP(MD). 5825/ 2015 :

Welfare Department within Trichy District on the basis of my representation dated 25.08.2014.

Prayer in WP(MD). 5826/ 2015 :

petitioner s representation dated 11.09.2014. Prayer in WP(MD). 5827/ 2015 :

petitioner s representation dated 11.09.2014 and pass such other Prayer in WP(MD). 5828/ 2015 :

Welfare Department within Trichy District on the basis of my representation dated 25.08.2014.

Prayer in WP(MD). 5829/ 2015 :

petitioner s representation dated 09.09.2014. Prayer in WP(MD). 5830/ 2015 :

petitioner s representation dated 09.09.2014 and pass such other Prayer in WP(MD). 5831/ 2015 :

Welfare Department within Trichy District on the basis of his representation dated 09.09.2014 Prayer in WP(MD). 5832/ 2015 :

petitioner s representation dated 09.09.2014. Prayer in WP(MD). 5833/ 2015 :

petitioner s representation dated 09.09.2014 and pass such other Prayer in WP(MD). 5834/ 2015 :

Welfare Department within Trichy District on the basis of his representation dated 09.09.2014

Prayer in WP(MD). 5835/ 2015 :

petitioner s representation dated 09.09.2014. Prayer in WP(MD). 5836/ 2015 :

petitioner s representation dated 09.09.2014 and pass such other Prayer in WP(MD). 5837/ 2015 :

petitoners representation dated 09.09.2014 Prayer in WP(MD). 5838/ 2015 :

petitioner s representation dated 09.09.2014. Prayer in WP(MD). 5839/ 2015 :

petitioner s representation dated 09.09.2014 and pass such other For Petitioners :Mr.D.Shanmugaraja Sethupathi (in All Wps.) For Respondents :Mr.D.Muruganandan, AGP (in All Wps.)

COMMON ORDER The prayer in the Writ Petitions is for issuance of Writ of Mandamus, directing the 2nd and 3rd respondents, to appoint the petitioners, as Cook, in the Hostels run by the Adi Dravidar and Tribal Welfare Department, within Trichy District, on the basis of the petitioners' representations.

2. At the time of hearing it is represented by the learned Additional Government Pleader for the respondents that, if there are vacancies and the persons are going to be recruited through advertisement and sponsorship through Employment Exchange and that the case of the petitioners would be considered for appointment along with others.

3.It is represented by the learned counsel for the petitioners that already this Court has passed an order, dated 19.04.2011in W.P.No.6182 of 2011 and that the petitioners herein are similarly placed and the benefit of the said order should also be extended to them and based on that, the appointment order given to four persons, vide order, dated 20.02.2012.

4. The learned Additional Government Pleader for the respondents submitted that the case of the petitioners will have to be examined and depending upon the similarity of those cases along with the petitioners will be compared and, if they are similarly placed, they would be considered and preference will be given.

5. Taking note of the submission of the learned counsel for the petitioners and the respondents, this Court directs the respondents to consider the case of the petitioners in these writ petitions, when there is an advertisement for the post of Cook, in the Hostel run by the Adi Drividar and Tribal Welfare Department, Trichy District and also taking into consideration of the Judgment of this Court, dated 19.04.2011 in W.P.No.6182 of 2011, together with the order, dated 20.02.2012, issued to similarly placed persons and in case, the petitioners are similarly placed, preference will be given to the petitioners, if they fulfilled all the conditions required for appointment, however, granting exemption from age relaxation. 6.With the above direction, the Writ Petition is disposed of. No costs.

SD ASST REGISTRAR TRUE COPY SUB ASST REGISTRAR MPK

To 1.Secretary to Government, Department of Adi Dravidar and Tribal Welfare, Secretariat, St.George Fort, Chennai.

2.The Commissioner, Tribal Welfare, Chepauk, Chennai - 5.

3.District Adi Dravidar and Tribal Welfare Officer, Collectorate Camplus, Trichy, Tiruchirappalli District.

4.Assistant Director, District Employment Office, Tiruchirappalli - 1.

15CC TO MR. D. SHANMUGARAJA SETHUPATHI,A DV SR: 38353 1CC TO THE SPL GP SR: 38849 DM 24 JULY 15 - 6P 21C W.P.(MD)Nos.5825 to 5839 of 2015 14.07.2015