Suriyamoorthy M v. The Director Of Backward Classes Welfare

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 23.07.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Suriyamoorthy ... Petitioner Vs.

1.The Director of Backward Classes Welfare, Ezhilagam, Chepauk, Chennai.

2.The District Collector, Collectorate, Ramanathapuram.

3.The District Backward and Minorities Welfare Officer, Ramanathapuram.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent to issue appointment order based on the proceedings of the first respondent in Na.Ka.No.P4/1841/2020, dated 23.02.2021 for the post of Cook at the Tamil Nadu Backward Classes Hostel, Ramanathapuram. For Petitioner : Mr.H.Elango For Respondents : Mr.D.Gandhiraj Special Government Pleader

ORDER

This Writ Petition has been filed to direct the third respondent to 1/6

issue appointment order based on the proceedings of the first respondent in Na.Ka.No.P4/1841/2020, dated 23.02.2021 for the post of Cook at the Tamil Nadu Backward Classes Hostel, Ramanathapuram. 2.The petitioner belongs to Schedule Caste community. The public notification for the appointment of a Cook, in Ramanathapuram Minorities Hostel, came to be notified by the first respondent in the year 2020. In response to the same, the petitioner made an application to the said post and was further called for interview on 24.11.2020, appreciating his application No.156. He participated in the interview on 26.11.2020. Following which, all his certificates were also verified by the respondents in the interview. While so, the first respondent by proceedings in Na.Ka.No.P4/1841/2020, dated 23.02.

2021, had selected the petitioner for the post of Cook, based on the marks obtained by him in the interview and by duly giving weightage to the communal rotation. Though he was selected and allowed to join duty, the third respondent ensured that an appointment order would be duly issued later. However, the same was not issued for the reasons best known to the third respondent and kept pending. In view of the same, this Writ Petition came to be filed, seeking to direct the third respondent to issue appointment order, based on the proceedings of the first respondent dated 23.02.2021.

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3.When the matter was came up for hearing, the learned Special Government Pleader appearing for the respondents submitted that there is no cloud as to the selection of the petitioner to the post of Cook and the same can be confirmed from the proceedings of the first respondent in Na.Ka.No.P4/1841/2020, dated 23.02.2021 and his name has already been included in the seniority list as well.

4.Heard the learned counsel for the petitioner, the learned Special Government Pleader for the respondents and carefully perused the materials available on record.

5.In view of submission made by the learned Special Government Pleader, this Court is of the considered view that there would not be any impediment for the third respondent to issue the appointment order to the petitioner. Hence, this Court hereby direct the third respondent to issue an appointment order to the petitioner based on the proceedings of the first respondent dated 23.02.2021, for the post of Cook at Tamil Nadu Backward Classes Hostel, Ramanathapuram, within a period of four weeks from the date of receipt of copy of this order. 3/6

6.In view of the above, the Writ Petition stands disposed of. There shall be no order as to costs.

23.07.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn 4/6

To 1.The Director of Backward Classes Welfare, Ezhilagam, Chepauk, Chennai.

2.The District Collector, Collectorate, Ramanathapuram.

3.The District Backward and Minorities Welfare Officer, Ramanathapuram.

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L.VICTORIA GOWRI, J.

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