V.Manickam v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) Nos.145, 146, 147 & 148 of 2014 V.Manickam ... Petitioner in W.P.(MD) No.145/2014 G.Siva ... Petitioner in W.P.(MD) No.146/2014 R.Loganathan ... Petitioner in W.P.(MD) No.147/2014 P.Gomathi ... Petitioner in W.P.(MD) No.148/2014 vs.

1.The Chairman Tamil Nadu Electricity Board Anna Salai, Chennai-2 2.The Chief Engineer (Administration) Tamil Nadu Electricity Board, Karur 3.The District Employment Officer Office of the District Employment Exchange Karur ... Respondents in all W.Ps.

PRAYER (in W.P.(MD) No.145 of 2014): Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the 1st and 2nd respondents to direct the third respondent to forward the name of the petitioner with registration No.KRD1996M00003491 so as to enable him to attend an interview for the post of Assessor Grade II in the first respondent Department. PRAYER (in W.P.(MD) No.146 of 2014): Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the 1st and 2nd respondents to direct the third respondent to forward the name of the petitioner with registration No.KRD2013M00010426 so as to enable him to attend an interview for the post of Assessor Grade II in the first respondent Department.

PRAYER (in W.P.(MD) No.147 of 2014): Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the 1st and 2nd respondents to direct the third respondent to forward the name of the petitioner with registration No.KRD1998M00009730 so as to enable him to attend an interview for the post of Assessor Grade II in the first respondent Department. PRAYER (in W.P.(MD) No.148 of 2014): Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the 1st and 2nd respondents to direct the third respondent to forward the name of the petitioner with registration No.KRD2008F00000668 so as to enable her to attend an interview for the post of Assessor Grade II in the first respondent Department. For Petitioner :

Mr.M.Baskaran (in all W.Ps.) For Respondents :

Mr.G.Kasinathadurai for R1 & R2 (in all W.Ps.) Mr.K.Mu.Muthu Additional Government Pleader for R3 C O M M O N O R D E R The relief sought for in the present writ petitions is to direct the respondents 1 and 2 to forward the name of the writ petitioners with their registration numbers to the third respondent so as to enable them to attend the interview for the post of Assessor Grade-II.

2. The relief as such sought for in the present writ petitions cannot be granted in view of the fact that the process of selection for appointment to the post of Assessor Grade-II is to be made strictly in accordance with the rules in force.

3. Appointment can never be claimed as a matter of right. All appointments are to be made strictly in accordance with the recruitment rules in force. The post of Assessor Grade-II is to be filled up by way of calling applications, by issuing a recruitment notification and by following the recruitment rules in force. Thus, the very relief as such sought for in the present writ petitions to direct the respondents 1 and 2 to forward the name of the writ petitioners to the third respondent cannot be granted. In the event of issuing any notification for selection and appointment to the post of Assessor Grade-II, the writ petitioners are at liberty to participate in the interview, if they are otherwise eligible and qualified, in accordance with the terms and conditions stipulated in the recruitment notification. This apart, now after a lapse of five years, from the date of filing of the writ petitions, the interview already conducted for the post of Assessor Grade-II cannot be reconsidered.

4. Accordingly, the writ petitions stand dismissed. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To:

The District Employment Officer, Office of the District Employment Exchange, Karur.

+1cc to Mr.G.KASINATHADURAI,Advocate, SR.No. 75855 +1cc to M/s.Special Government Pleader,SR.No. 75523 W.P.(MD) Nos.145, 146, 147 & 148 of 2014 KRK KK/SAR/23.07.2019/3P-4C