S.Kalimuthu v. The Tamil Nadu Uniformed

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.16106 of 2017 and W.M.P.(MD)No.12788 of 2017 S.Kalimuthu ... Petitioner Vs.

1.The Tamil Nadu Uniformed Services Recruitment Board, Rep. by its Member Secretary, Old Commissioner of Police, Pantheon Road, Egmore, Chennai - 8.

2.The Chairman, Sub Committee/Member, Dindigul Centre, Dindigul District.

3.The Assistant Director, Ex-Servicemen Welfare, Madurai- 625 016.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned disqualification slip issued by the second respondent in his proceedings in C.No.R2/150/2017 dated 03.08.2017 and quash the same as illegal and consequently direct the second respondent to allow the petitioner to participate in the Selection process under ExServicemen category. For Petitioner : Mr.M.Kumar For Respondents : Mr.B.Pugazhendhi Additional Advocate General Assisted by Mr.A.K.Baskara Pandian, Special Government Pleader.

O R D E R

By the consent of both sides, the writ petition itself is taken up for final disposal.

2.The present writ petition is directed against the impugned order dated 03.08.2017, in and by which, the petitioner is disqualified on the ground that he was discharged from service on 01.11.2013, and applied for the above recruitment beyond a period of three years. Clause 5 of the notification clearly shows https://hcservices.ecourts.gov.in/hcservices/

that an Ex-Servicemen is entitled to apply for the above recruitment only within a period of three years of their discharge from his service. But in the present case, the date of discharge being 01.11.2013, the petitioner's three years period expired on 01.11.2016. Since the notification for the aforementioned recruitment is dated 23.02.2017, the petitioner is rightly found disqualified by the respondent department.

3.This Court finds no illegality or irregularity in the impugned order of rejection. Accordingly, this Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The Tamil Nadu Uniformed Services Recruitment Board, Rep. by its Member Secretary, Old Commissioner of Police, Pantheon Road, Egmore, Chennai - 8.

2.The Chairman, Sub Committee/Member, Dindigul Centre, Dindigul District.

3.The Assistant Director, Ex-Servicemen Welfare, Madurai- 625 016.

+1cc to Special Government Pleader, SR.No. 75038 W.P.(MD)No.16106 of 2017 and W.M.P.(MD)No.12788 of 2017 28.08.2017 mrn/mr JM/SKN RSK/SAR 2/07.09.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/