Natarajan. A v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19/11/2021 CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P(MD) Nos.20300 to 20302 of 2021 A.Natarajan Petitioner in WP(MD) No.20300 of 2021 S.Murugesan Petitioner in WP(MD) No.20301 of 2021 R.Ravi Petitioner in WP(MD) No.20302 of 2021 Vs.
1.The Director, Directorate of Backward Classes Welfare, Ezhilagam, Chepauk, Chennai - 600 005.
2.The District Collector, O/o The District Collector, Tirunelveli District, Tirunelveli.
3.The Welfare Officer, Directorate of Backward Classes Welfare, O/o, the Welfare Officer, Directorate of Backward Classes Welfare, Tirunelveli District, Tirunelveli.
Respondents in all WPs COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioners' appointment to the post of Cook in the available vacancies as per the press release dated 20.09.2020 or any other suitable post by considering their representation dated 07.10.2021, within the time stipulated by this Court.
For Petitioner : Mr.G.Karthik for Mr.T.Lajapathi Roy For Respondents : Mr.V.Nirmal Kumar Government Advocate (in all Wps) 1/3
C O M M O N O R D E R These writ petitions are filed seeking for Mandamus, directing the respondents 1 to 3 consider the petitioners for appointment to the post of 'Cook' by considering their representations dated, 07.10.2021.
2.The learned counsel for the petitioners submits that these petitioners are physically challenged and are working in Government Backward Classes Welfare Students Hostel and Government Denotified Communities Students Hostel in Tirunelveli District over a period of seven years as Sweepers and also rendering assistance for cooking purpose. Now, the Department has notified vacancies for the post of Cook. Since these petitioners are having experience for the past seven years, they can be accommodated in the post of Cook, provided they are eligible for the said post. In this regard, the petitioners have also made representations dated 07.10.2021 and the same was not considered. Hence, this Writ petition.
3.Mr.V.Nirmal Kumar, learned Government Advocate takes notice for the respondents.
4.In view of the limited prayer sought for by the petitioners, without expressing anything on the claim of the petitioners, this Court is inclined to dispose of these writ petitions, with a direction to consider the case of these writ petitioners, by age relaxation, if any, and of course, sympathetically on merits and in accordance with law, if they have sufficient qualification and experience to be appointed in the vacancy as 'Cook'.
5.With the above direction, these Writ Petitions are disposed of. No costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn Note:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To 1.The Director, Directorate of Backward Classes Welfare, Ezhilagam, Chepauk, Chennai - 600 005.
2.The District Collector, O/o The District Collector, Tirunelveli District, Tirunelveli.
3.The Welfare Officer, Directorate of Backward Classes Welfare, O/o, the Welfare Officer, Directorate of Backward Classes Welfare, Tirunelveli District, Tirunelveli.
+3 CC to M/s.T. LAJAPATHI ROY, Advocate ( SR-35277[F] dated 22/11/2021 ) +1 CC to M/s.SPL GP ( SR-35359[F] dated 22/11/2021 ) W.P(MD) Nos.20300 to 20302 of 2021 19.11.2021 RK(06/12/2021) 3P 8C 3/3