Saminathan S v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2024

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA S.Saminathan ... Petitioner Vs.

1.The Director, Backward Class and Minority Welfare Department, Secretariat, Chennai.

2.The District Collector, Collectorate, Tenkasi District, Tenkasi.

3.The District Welfare Officer, District Backward Class and Minority Welfare Office, Tenkasi.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to consider the representation and direct the respondent to issue appointment order appointing as a cook based on the selection list of third respondent. For Petitioner : Mr.T.S.Mohamed Mohideen For Respondents : Mr.J.Ashok Government Advocate 1/4

ORDER

This writ petition has been filed to direct the respondents to consider the representation of the petitioner dated 06.06.2022 and to direct the respondents to issue appointment order appointing the petitioner as a Cook based on the selection list of third respondent. 2.Heard Mr.T.S.Mohamed Mohideen, learned counsel for the petitioner and Mr.J.Ashok, learned Government Advocate for the respondents. 3.The petitioner, whose name is found in the selected list of candidates, has not been released with the appointment order in view of the pendency of the writ petition in W.P.No.14079 of 2020 challenging the notification relating to the recruitment of Cooks. The said writ petition was disposed on 22.01.2024 by rejecting the plea of the petitioners therein and also directing them to apply afresh in the upcoming notification. 4.

Since the writ petitions challenging the notification, through which the petitioner got selected, had attained finality and the said notification is also not quashed, there is no impediment for the respondents to issue appointment order to the petitioner in accordance with law.

5.In view of the above discussions, the respondents are directed to issue appointment order to the petitioner within a period of four weeks from the date of receipt of a copy of this order.

6.In the result, this writ petition is allowed. No costs. 08.07.2024 NCC:yes/no Index:yes/no Internet:yes/no ta To 1.The Director, Backward Class and Minority Welfare Department, Secretariat, Chennai.

2.The District Collector, Collectorate, Tenkasi District, Tenkasi.

3.The District Welfare Officer, District Backward Class and Minority Welfare Office, Tenkasi.

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R.N.MANJULA, J.

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