The Managing Director v. M.Lakshmanan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.A.[MD].No.1094 of 2018 and C.M.P.[MD].No.7882 of 2018

1. The Managing Director, Tamil Nadu Water Supply and Drainage Board, 31, Kamaraj Salai, Chepauk, Chennai - 5.

2. The Chief Engineer, Tamil Nadu Water Supply and Drainage Board, Ganesh Nagar, Madurai - 7.

3. The Executive Engineer, Tamil Nadu Water Supply and Drainage Board, R.W.S. Division, Ganesh Nagar, Madurai - 7.

: Appellants/Respondents 1 to 3 Vs.

M.Lakshmanan : Respondent/Writ Petitioner PRAYER: Writ Appeal filed under Order XV of the Letters Patent Act to set aside the order dated 17.01.2018 made in W.P.(MD).No.352 of 2018.

Prayer in WP(MD)No.352 of 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus to direct the 1st respondent to promote the petitioner as Driver by including his name along with others which was communicated in the letter of the 1st respondent in Lr.No.10268 Ve.Ni.voo/tha.a./2017 dated 21.12.2017 without reference to the age limit of 50 years. For Appellants : Ms.Porkodi Karnan For Respondent : Mr.S.Govindan *****

JUDGMENT

************** [Judgment of the Court was delivered by M.M.SUNDRESH, J.] This writ appeal has been directed against the order of the learned Single Judge, who, after giving a factual finding that though the respondent / writ petitioner is working as a Watchman, he is actually being engaged to drive heavy vehicle over the years.

2. Heard the learned Counsel appearing on either side and perused the documents placed on record.

3. The learned Counsel appearing for the appellants would submit that the whole proceedings was not challenged. The whole proceedings make it clear that the age qualification for appointment to the post of Driver is 50 years. As the respondent / writ petitioner was 52 years old, the order passed by the learned Single Judge requires to be interfered with.

4. We do not find any merits in this writ appeal. The learned Single Judge has narrated the facts, in detail. These facts are not disputed. The respondent / writ petitioner was driving the support vehicle of Hydro Fracture water tanker lorry for the past two years. He was also driving heavy vehicles in general for the past ten years. There was also a procedure for taking the retired Drivers on Adhoc basis. Taking note of these peculiar facts, the learned Single Judge was pleased to pass the impugned order.

5. There is no difficulty in appreciating the fact that it is well within the jurisdiction of the appellants to fix the age qualification. Normally, a person who seeks employment as a Driver has to satisfy the age qualification. However, the case of the respondent / writ petitioner stands in a different footing. He is an in-service candidate, who was actually driving heavy vehicles for nearly ten years.

6. In such view of the matter, the age restrictions cannot be made applicable to the case of the respondent / writ petitioner. However, we are making it clear that we have not said anything on the power of the appellants to fix the age qualification. We are putting it different, the age qualification does stand as such. Therefore, anybody, who seeks appointment has to satisfy the same. This is for the reason that the present case has got its own peculiar facts.

7. With the above observations, this writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar (CS-II) To

1. The Managing Director, Tamil Nadu Water Supply and Drainage Board, 31, Kamaraj Salai, Chepauk, Chennai - 5.

2. The Chief Engineer, Tamil Nadu Water Supply and Drainage Board, Ganesh Nagar, Madurai - 7.

3. The Executive Engineer, Tamil Nadu Water Supply and Drainage Board, R.W.S. Division, Ganesh Nagar, Madurai - 7.

+ 1 CC TO M/s.POLAX LEGAL SOLUTIONS, IN SR No. 79532 + 1 CC TO Mr.S.GOVINDAN, ADVOCATE IN SR No. 79418 GK TE/RSK/SAR-2 : 06/09/2018 : 3P/6C W.A.[MD].No.1094 of 2018 and C.M.P.[MD].No.7882 of 2018 21.08.2018