P.Navanitha Krishnan v. The Assistant Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.3502 of 2016 and W.M.P.(MD)No.3104 of 2016 P.Navanitha Krishnan ... Petitioner Vs.

1.The Assistant Director, District Employment Office, Tirunelveli.

2.The Welfare Officer, District Adi Dravidar Welfare Department Office, Collectorate Compound, Kokkirakulam, Tirunelveli.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the second respondent to provide Male Cooker Post in the Tirunelveli District Adi Dravidar and Tribal Welfare Department Colleges and Schools Hostels, based on the petitioner's application dated 04.01.2016.

For Petitioner : Mr.A.D.Ganesha Moorthi For Respondents : Mr.Aayiram K.Selvakumar Additional Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the second respondent to provide Male Cooker Post in the Tirunelveli District Adi Dravidar and Tribal Welfare Department Colleges and Schools Hostels, based on the petitioner's application dated 04.01.2016.

2.According to the petitioner, he made an application for the post of Male Cook on 04.01.2016. On receipt of the said application, the second respondent's Office issued acknowledgment and mentioned the interview date as 12.01.2016 and subsequently, the same was postponed to 12.02.2016, whereas, the second respondent did not issue any interview letter to the petitioner for the above said post till 10.02.2016. Thereafter, the petitioner approached the first respondent on 11.02.2016 and he sponsored the petitioner's name to the second respondent, but the second respondent did not issue any interview letter to the petitioner and conducted interview on 12.02.2016. Hence, the petitioner has filed present Writ Petition before this Court and obtained an interim order on 18.02.2016 to keep one post vacant.

https://hcservices.ecourts.gov.in/hcservices/

3.Now, the learned counsel appearing for the petitioner requested this Court to mould the relief and direct the second respondent to consider the petitioner's application and representation dated 04.01.2016 and 11.02.2016 respectively, in the light of G.O.Ms.No.21, Labour and Employment Department, dated 02.02.2000, wherein it has been stated that the persons, those who possess less than 10th Standard qualification, are entitled to 5 years age relaxation, totally upto 40 years.

4.The learned Additional Government Pleader appearing for the respondents submitted that the vacancies were filled up on 19.02.2016 and the interim order passed by this Court was received by the respondents only on 24.02.2016 and therefore, no order has been passed on the petitioner's application and the representation. 5.The Writ Petition is of the year 2016 and so far, no counter has been filed by the respondents. The written instruction submitted by the learned Additional Government Pleader has not replied to the abovesaid averments made in the affidavit, particularly, with regard to the above said Government Order. Therefore, this Court directs the second respondent to consider the petitioner's application and representation dated 04.01.2016 and 11.02.2016 respectively and pass appropriate orders on merits and in accordance with law, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order.

6.This Writ Petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS ) To 1.The Assistant Director, District Employment Office, Tirunelveli.

2.The Welfare Officer, District Adi Dravidar Welfare Department Office, Collectorate Compound, Kokkirakulam, Tirunelveli.

+1 CC to Mr.A.D.GANESHA MOORTHI, Advocate SR-72123. +1 CC to SPL GP SR-72172.

https://hcservices.ecourts.gov.in/hcservices/ W.P.(MD)No.3502 of 2016 CS: (09/07/2019) 2P 5C