Kalirajan S v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.19065 of 2022 S.Kalirajan ... Petitioner /vs./ 1.The State of Tamil Nadu, Rep., by its Secretary, Tourism, Culture and Religious Endowments Department, Secretariat, St.George Fort, Chennai-09.
2.The Commissioner, Hindu Religious and Charitable Endowments Board, No.119, Uthamar Gandhi Road, Thousand Lights West, Nungambakkam, Chennai 34.
3.The Regional Joint Commissioner, Hindu Religious and Charitable Endowments Department, H 306, TNHB Colony, Ellis Nagar, Madurai District.
4.The Assistant Commissioner/Executive Officer, Hindu Religious and Charitable Endowments Department, Arulmigu Mariamman Temple, Irukkangudi, Sathur Taluk, Virudhunagar District.
... Respondents 1/6
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to consider the petitioner's application dated 11.08.2022 to the post of Junior Assistant/Watchman for the employment notification in Na.Ka.No.815/2022/A2, dated 27.07.2022 with the respondent No.4, temple by extending age relaxation in light of G.O(Ms).No.91, Human Resource Development Department, dated 13.09.2021 by considering the representation dated 04.08.2022 made by the petitioner within the time stipulated by this Court. For Petitioner : Mr.I.Pinaygash For Respondents : Mr.Veera Kathiravan Additional Advocate General for Mr.P.Thiraviyam (for R1 to R3) Government Advocate Mr.V.R.Shanmuganathan (For R4)
ORDER
By consent of both sides, the writ petition is taken up for final disposal at the admission stage itself.
2/6
2.By relying upon G.O.(Ms).No.91, Human Resource Management (S) Department, dated 13.09.2021, the petitioner has sought for age relaxation by giving a representation to the respondents and in view of non-consideration of the representation, the present writ petition has been filed. 3.The learned Additional Advocate General appearing for the respondents 1 to 3, placed reliance on G.O.(Ms).No.114, Tourism, Culture and Religious Endowments Department, dated 03.09.2020 and submitted that the provisions of the Tamil Nadu Hindu Religious Institutions Employees (Conditions and Service) Rules, 2020 govern the service conditions for the Employees of Hindu Religious Institutions and that G.O.(Ms).No.91, Human Resource Management (S) Department, dated 13.09.2021, is applicable only to other Government Servants. 4.
If that be so, the very basis, on which the petitioner seeks for age relaxation, by placing reliance on G.O.(Ms).No.91, Human Resource Management (S) Department, dated 13.09.2021, which is applicable only to the Government Servants and not the Employees of the Hindu Religious Institutions, cannot be sustained.
to consider petitioner's representation does not require interference. Hence, this Writ Petition stands dismissed with liberty to the petitioner to workout his remedy in accordance with law. No costs.
22.08.2022 Index : Yes / No Internet : Yes / No sm/Rmk 4/6
To:
1.The Secretary, State of Tamil Nadu, Tourism, Culture and Religious Endowments Department, Secretariat, St.George Fort, Chennai-09.
2.The Commissioner, Hindu Religious and Charitable Endowments Board, No.119, Uthamar Gandhi Road, Thousand Lights West, Nungambakkam, Chennai 34.
3.The Regional Joint Commissioner, Hindu Religious and Charitable Endowments Department, H 306, TNHB Colony, Ellis Nagar, Madurai District.
5/6
M.S.RAMESH, J.
Sm/Rmk Order made in W.P.(MD)No.19065 of 2022 Dated:
22.08.2022 6/6