D.Vijaya, W/O.S.Subramanian, v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2016 CORAM :
THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.18894 of 2016 D.Vijaya ... Petitioner vs.
1)The State of Tamilnadu, Represented by its Principal Secretary, Department of Adi Dravidar and Tribal Welfare, Secretariat, Chennai-9.
2)The Director, Adi Dravidar Welfare Department, Ezhilagam, Chepauk, Chennai-5.
3)The District Collector, Collectorate, Trichy District.
4)The District Adi Dravidar and Tribal Welfare Officer, O/o. District Adi Dravidar and Tribal Welfare Officer, Collectorate, Trichy District.
... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the Respondent No.4 to appoint the petitioner in the post of Cook in any existing vacancy considering the employment seniority of the Petitioner within the time period stipulated by this Hon'ble Court. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader
ORDER
This Writ of Mandamus has been filed to direct the 4th respondent to appoint the petitioner in the post of Cook in any
existing vacancy considering the employment seniority of the petitioner within the time frame to be fixed by this Hon'ble Court. 2.The petitioner has completed VIII Standard and duly registered her name in the employment exchange on 14.10.2011; the 3rd respondent has called for the post of Cook in Adi Dravidar Hostels and Tribal Residential Schools by paper Advertisement dated 21.06.2015; the petitioner applied for the said post; the 4th respondent invited the petitioner to appear for the interview on 12.08.
2015; accordingly, she attended the interview and produced all the relevant documents; she did not receive any response; therefore, she approached the office of the 4th respondent; she had been making enquiries regarding fate of the interview she attended; thereafter, she was informed that there will be a second list of selection of candidates which will be shortly published, but to the knowledge of the petitioner, straightaway, without publishing the selection list, appointment orders were issued; according to the petitioner, G.O.Ms.No.21, Labour and Employment Department, dated 02.02.2000 categorically provides that for the posts for which less than SSLC is prescribed as eligible qualification, persons registered in employment exchange are entitled to age relaxation i.e.
, for every three years, they are entitled for age relaxation of one year with the maximum limit of 5 years; therefore, the petitioner has given a representation dated 09.08.2016 seeking to appoint her as Cook; the said representation was not considered and therefore, the petitioner has filed this writ petition.
3.The learned Additional Government Pleader appearing for the respondents would submit that it is agreeable for the respondents to consider the representation of the petitioner dated 09.08.2016 and to pass orders within a time frame.
4.Recording the above submission, this Writ Petition is disposed of directing the respondents to consider the representation of the petitioner dated 09.08.2016 in the light of what is stated therein, and to pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar (Writ) /True Copy/ Sub Assistant Registrar
To 1)The Principal Secretary, State of Tamilnadu, Department of Adi Dravidar and Tribal Welfare, Secretariat, Chennai-9.
2)The Director, Adi Dravidar Welfare Department, Ezhilagam, Chepauk, Chennai-5.
3)The District Collector, Collectorate, Trichy District.
4)The District Adi Dravidar and Tribal Welfare Officer, O/o. District Adi Dravidar and Tribal Welfare Officer, Collectorate, Trichy District.
+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 58295 NBI TE/GSV-PM : 23/11/2016 : 3P/6C W.P(MD)No.18894 of 2016 03.10.2016