A. Selvam, v. The Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.266 of 2015 and M.P.(MD).No.2 of 2015 A.Selvam ... Petitioner -Vs1. The Secretary, Department of Animal Husbandry and Fisheries(AH.I) Fort St.George, Secretariat, Chennai-9.
2. The Director of Animal Husbandry and Veterinary Services, Chennai-6.
3. The Director of Employment and Training O/o.The Director of Employment and Training, Guindy, Chennai-32.
4. The District Employment Officer, Virudhunagar District, Virudhunagar.
5.Muthumathi K.
6.Vijayarani.P.
7.M.Vairam 8.Dhanalakshmi 9.P.Jeyalakshmi 10.Kalaiselvi.A.
11.Valli A.
12.Lakshminathan C.
13.Gokulakrishnan.D.
14.Jeyalakshmi.S.
15.Abirami, R.
16.Pragalathan R.
17.Thirumaniselvi.C.
18.Jeyaganesan.K.
19.Karikalan
...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned seniority list of the 4th respondent which was forwarded to the third respondent and consequential impugned appointment order issued by the 2nd respondent in Na.Ka.No.48751/E2/2012, dated 30.09.2013 and quash the same and consequently, direct the 4th respondent to prepare a fresh seniority list for the post of Livestock Inspector Grade-II based on the employment seniority maintained by him.
For Petitioner : Mr.D.Saravanan For R1 to R4 : Mr.S.Dhayalan, Government Advocate For R5 to R14 : Mr.T.Lajapathi Roy For R15 : No appearance
ORDER
This Writ Petition is filed for quashing the recruitment notification issued by the Director of Animal Husbandry and Veterinary Services, Chennai, on 14.08.2015, at the first instance as well as amended advertisement issued on 15.09.2015. In some of the Writ Petitions, very G.O.Ms.No.10, Animal Husbandry Dairying and Fisheries (AH.1) Department, dated 27.01.2012 is also under challenge.
2.G.O.Ms.No.10, Animal Husbandry Dairying and Fisheries (AH.1) Department, dated 27.01.2012 was issued to fill up the vacant posts of Livestock Inspector Grade-II. The Government Order contemplates that training should be provided to 350 persons in District Livestock farm of Hosur, Orathanad and Mukuntharayapuram.
3.The notification was issued initially on 14.08.2015 and the eligible qualification and age limit were also prescribed. Some candidates filed Writ Petitions and the matter went up to the Hon'ble Division Bench of this Court. The Hon'ble Division Bench of this Court permitted the respondents to conduct selection for appointment to the post of Livestock Inspector Grade-II. Accordingly, revised notification was issued with certain amendments on 15.09.2015.
Based on the revised amended notification, the process of selection was concluded and the names are sponsored. The candidates were permitted to participate in the process of selection and accordingly, selection was concluded and the selected candidates were appointed. After completion of the probation period, they have been regularly posted as Livestock Inspector Grade-II.
4.This Writ Petition is filed mainly on the ground that the
appointed candidates are over aged and the respondents have not verified the age limit even as per the notification and appointed the over aged persons and thereby committed an illegality in the matter of selection and appointment.
5.It is further stated that in certain cases, the respondents have not followed the procedures and in some cases, eligible names are not sponsored by the District Employment Exchange for the purpose of participating in the process of selection. However, the main contention of the learned counsel appearing on behalf of the writ petitioner is that the over aged persons were appointed and therefore, entire selection is null and void and the appointment orders issued in favour of the contesting respondents are to be scrapped.
6.This Court, in order to ascertain the allegation regarding the appointment of over aged persons and to verify the files, directed the learned Government Advocate to prepare a chart, so as to understand the date of birth and the appointment of those candidates against whom the Writ Petition is filed. 7.The learned Government Advocate also filed a chart, containing the details of the candidates, who were selected and appointed to the post of Livestock Inspector Grade-II. 8.A perusal of the entire chart produced by the learned Government Advocate in district wise shows that the maximum age limit fixed in the notification was followed based on the relaxation granted for the SC and ST community. As per the notification, 30 years is the maximum age limit for General candidate and 32 years for BC / MBC, and 35 years for SC / ST.
Destitute Widow category also considered on par with the SC / ST candidates and 35 years is the maximum age limit fixed for the Destitute Widow category. With reference to the maximum age limit fixed in the notification, a statement submitted by the respondents shows that all the appointments are made within the age limit notified in the recruitment notification. 9.In respect of the allegation, regarding not sponsoring the names of the writ petitioners to participate in the process of selection, the same deserves no consideration, in view of the fact that the writ petitioner has to establish that on what basis he is entitled to be sponsored through the District Employment Exchange.
However, the fact remains that selection was concluded in the year 2015 and the appointed candidates are in service for the past about 4 years and their probations were also declared. 10.This apart, the main ground raised in the present Writ Petition is that over aged persons are appointed in violation of the rules as well as the notification issued.
Livestock Inspector Grade-II, this Court is of the considered opinion that there is no such violation established by the writ petitioner. For more clarity, the selected candidates and their details are extracted hereunder:- S.No Region BCO G P emp.no date of entry name date of birth bc dq age selected A.MEEHARANI D/O.ANTONYMUTHU, selected destitute widow age PARIYA VILAI, NGD1997F0000234 DESTITUTE limit 35, G.O. 395 Personel 143 KANYAKUMARI BCO DW P 01/06/1995 16/02/1978 B.C.O 34 years IRENIPURAM POST, WIDOW and Administriavie KANYAKUMARI Department Date04/11/93 DISTRICT 629197 R.SHEEBA SELECTED destitute widow D/O.RENJITH, NGD1997F0001123 DESTITUTE age limit 35, G.O. 395 156 KANYAKUMARI BCO G P 31/05/1996 10/05/1979 B.C.O MONE VELAI KALA, WIDOW Personel and Administriavie PUTHENKADAI, Department Date04/11/93 THIRUVATTAR PO.
R.SUNITHA RANI D/O.RAMASWAMY, SELECTED destitute widow MUTHUKUDY NGD2001F0000961 DESTITUTE age limit 35, G.O. 395 232 KANYAKUMARI GT GL DW 26/06/1998 05/06/1979 B.C.O VILAIVEEDU WIDOW Personel and Administriavie ADAIKKAKUZHI POST, Department Date04/11/93 KANYAKUMARI DISTRICT K.SUJI D/O.D.KANAGARAJ, 2-116J3,ALAGU VILAI, NGD2001F0000028 31 YEARS 625 KANYAKUMARI BC W NP 27/05/1997 30/07/1980 B.C.O SELECTED AGE LIMIT 32 THIRUVALLUVAR 11 MONTH STREET COLACHEL POST,K.K.DT 629251 MADHAN S.M.
S/O SUNDARAM, 31 YEARS NGD1997M0000931 OOTTUVALMADAM, SELECTED SC AGE LIMIT 806 KANYAKUMARI SCO G NP 01/06/1994 12/07/1977 S.C 11 MONTH KOTTAR POST, 18 DAYS NAGERCOIL.K.K.DIST.
629002
R.SAJEEVKUMAR S/O.N.RAGHAVAN 31 YEARS NGD1999M0001118 PUTHUVEETU VILAGAM SELECTED MBC AGE 928 KANYAKUMARI MBC GL NP 30/05/1997 08/07/1980 M.B.C 11 MONTH PUTHEN VEEDU, FATIMA LIMIT 32 22 DAYS NAGAR PO., K.K.DIST.
CHENTHIL R S/O RAMASWAMY, AMMANCOIL STREET, 31 YEARS NGD2000M0000924 SELECTED MBC AGE ERACHAKULAM POST, 11 MONTH 1008 KANYAKUMARI MBC GL NP 18/06/1997 11/07/1980 M.B.C LIMIT 32 KANYAKUMARI 19 DAYS DISTRICT 629902 MEENA K D/O KOLAPPAN 23/97A SOUTH STREET 1009 KANYAKUMARI MBC GL NP NGD2001F00009225 18/06/1997 12/07/1980 M.B.C KAKKUMOOR SUCINDRAM PO 629704 RAHUMAN KHAN S S/O SAMSUDEEN,AMPALA 31 YEARS NGD1998M0001068 THUVILAI SELECTED BCM AGE 1033 KANYAKUMARI BCM GL NP 30/05/1997 31/07/1980 B.C.M 11 MONTH PANDARASALY LIMIT32 18 DAYS PUTHENVEEDU,OLD RD., KALIAKKAVILAI PO,K.K 629153 S. RAJA PRABIN S/O. SIVARAJAN, 31 YEARS NGD1999M0001168 NAMBALIVILAI VEEDU, SELECTED BC AGE LIMIT 1097 KANYAKUMARI BCO GL NP 28/05/1997 04/07/1980 B.C.O 11 MONTH PARTHIVAPURAM, 26 DAYS PUTHUKKADAI POST 629171
SOUNTHARA RAJAN L S/O LAKSHMANAN, 31 YEARS NGD1995M0000442 76,PATTAHA SALIAN SELECTED BC AGE LIMIT 11 MONTH 1100 KANYAKUMARI BCO GL NP 28/05/1997 08/07/1980 B.C.O VILAI,KOTTAR PO,NGL, 22 DAYS KANYAKUMARI DISTRICT THENESH KUMAR T S/O.THANKAPPAN, THARA VILAI, 31 YEARS NGD2002M0000171 1124 KANYAKUMARI BCO GL NP 28/05/1997 24/07/1980 B.C.O SELECTED THICKANAMCODE POST, 11 MONTH KANYAKUMARI 6 DAYS DISTRICT KAVITHA C D/O CHELLAM KOVILADI VILAI ST., 31 YEARS SELECTED BC AGE LIMIT 1128 KANYAKUMARI BCO GL NP NGD1998F00011947 28/05/1997 25/07/1980 B.C.O PERUVILAI AND POST 11 MONTH KANYAKUMARI 5 DAYS DISTRICT LEKSHMI NARAYANI S D/O SRINIVASAN, 31 YEARS 137 SANNATHI STREET, SELECTED BC AGE LIMIT 1129 KANYAKUMARI BCO GL NP NGD2002F00010800 28/05/1997 25/07/1980 B.C.O 11 MONTH VADALI VILAI,KOTTAR 5 DAYS POST,NAGERCOIL.KK.DT 629002 JEBA KANI P D/O PAUL RAJ, CHANI VILAI VEEDU, 31 YEARS SELECTED BC AGE LIMIT 1142 KANYAKUMARI BCO GL NP NGD2000F00011062 28/05/1997 30/07/1980 B.C.O ANDOOR,VENDALICODE 11 MONTH POST,K.K.DISTRICT.
JASMINE K D/O KURUSUMUTHU, 31 YARS 9 NGD2000F0001000 KESAVENPUTHOOR, SELECTED BC AGE LIMIT 1153 KANYAKUMARI BCO GL NP 28/05/1997 15/09/1980 B.C.O MONTH 15 AZHAGIAPANDIAPURAM DAYS POST,K.K.DISTRICT.
629851 JOSLIN T D/O THANGATHURAI, 79A,NORTH THERI VILA 31 YEARS NGD2002F0000165 SELECTED BC AGE LIMIT 1161 KANYAKUMARI BCO GL NP 29/05/1997 03/07/1980 B.C.O PUTHALAM POST 11 MONTH KANYAKUMARI 27 DAYS DISTRICT T.SURESH S/O THANGAPPAN, 75A,SWAMYKANCOMPO 31 YEARS NGD1995M0000455 SELECTED BC AGE LIMIT 1167 KANYAKUMARI BCO GL NP 29/05/1997 05/07/1980 B.C.O UND 11 MONTH KEELA RAMANPITHOOR, 25 DAYS NAGERCOIL 2.
629002 MEJIL SUBHA R.J D/O.RAJAN, CHATTU MUKKU VILAI, 31 YEARS NGD1995F0000463 SELECTED BC AGE LIMIT 1169 KANYAKUMARI BCO GL NP 29/05/1997 06/07/1980 B.C.O THIRPARAPPU POST, 11 MONTH KANYAKUMARI 24 DAYS DISTRICT 629101 C. KRISHNA BABU S/O CHELLASWAMY, 124A,KALAI NAGAR, NGD2001M0001128 SELECTED BC AGE LIMIT 1213 KANYAKUMARI BCO GL NP 29/05/1997 29/07/1980 B.C.O KOTTAR, NAGERCOIL KANYAKUMARI DISTRICT 629002 SURESH S S/O.K.SIVATHANU, NGD1995M0000243 183-10 ELIAS ILLAM, SELECTED SC AGE LIMIT 1275 KANYAKUMARI GT GL NP 29/05/1995 10/06/1978 S.C 34 YEARS ESANKKAN VILAI, KOTTAR,NAGERCOIL PO 629002
S.No Region BCO G P emp.no date of entry name date of birth bc dq age selected MULLAI JEYA RANI D D/O DEVARAJ 10 34 years 11 THALAIVAMMAN KOIL ST 467 TIRUNELVELI SCO W NP TND1996F00008077 06/06/1994 02/07/1977 SCO selected sc age limit 35 month 28 days SAMADANAPURAM TIRUNELVELI 627 002 INDIRA.A 12 PARANAL STREET 34 years 11 MURUGANKURICHI month 27 431 TIRUNELVELI SCO W NP TND1999F00000374 27/05/1994 27/07/1977 SCO selected sc age limit 35 PALAYAMCOTTAI days TIRUNELVELI MEHALA.S D/O SHUNMUGAVEL E 4/7 KALIAMMAN KOIL ST 34 years 11 448 TIRUNELVELI SCO W NP TND1998F00000561 31/05/1994 03/07/1977 SCO selected sc age limit 35 MELAKULAM month PALAYAMCOTTAI TIRUNELVELI BALAJI A. S/O ARUMUGAM DARAKULAM 34 years 11 803 TIRUNELVELI SCO G NP TND1995M00010608 31/05/1994 30/07/1977 SCO selected sc age limit 35 KIZHAVANERI PO month 28 days VALLIOOR
JEYALAKSHMI.S , D/O SUBRAMANIAN,, 15C,PANAIYADIPATTY, SELECTED SC age limit 1282 VIRUDHUNAGAR GT GL NP VRD1993F00001839 29/05/1995 15/06/1978 SCO ST., GOPAL LANE,, THIRUTHANGAL PO SVKVIRUDHUNAGAR-626130 ABIRAMI.R , D/O RAMAMORRTHY, 6/2-1 KANGA STREET, N.G.O SELECTED SC age limit 1321 VIRUDHUNAGAR GT GL NP VRD1997F00006794 29/05/1995 01/06/1978 SCO COLONY,MADURAI, ROAD,VIRUDHUNAGAR.- VIRUDHUNAGAR-0 PRAGALATHAM.R S/O.RAMAR, SELECTED SC age limit 1341 VIRUDHUNAGAR GT GL NP VRD1997M00010942 30/05/1995 07/01/1978 SCO N.LAKSHMIPURAM, KUNNURPOST, SRIVILLIPUTTUR THIRUMANISELVI C , W/O GURUSAMY, 4/347/1,SANGUREDDIYA, 1383 VIRUDHUNAGAR GT GL NP VRD2009F00000352 30/05/1995 12/05/1978 SCO 34SELECTED PATTI,AMATHUR,, VIRUDHUNAGAR TKVIRUDHUNAGAR-0 JEYAGANESAN.
K , S/O KARUNANITHI, 24 28 DAYS AMMANKOVIL STREET, SELECTED SC age limit 1447 VIRUDHUNAGAR GT GL NP VRD2000M0000996231/05/1995 02/07/1977 SCO 11 MONTH PANDALKUDI ROAD, 34 YEARS ARUPPUKOTTAIVIRUDHUNAGAR-0 N.KARIKALAN 34 year 11 S/O.NARAYANAN 822 VIRUDHUNAGAR SCO G NP VRD1997M00000850 08/06/1994 06/07/1977 SCO selected sc age limit 35 month 24 5/79A.
S.No region BCO G P emp.no date of entry name date of birth bc dq age selected MUTHUMATHI K , D/O selected same age limit as KANDASAMY, 35/8 precribed for SC KEELAPUTHUR, STREET,, DESTITUTE candidate shall be 212 VIRUDHUNAGAR BCO G P VRD2000F00000060 10/06/1998 27/07/1979 BCO SRIVILLIPUTHURWIDOW applicable for destitute VIRUDHUNAGAR-0 widow for all caste G.o.
395 P & R Date 4.11.93 VIJAYARANI.P , D/O selected same age limit as PERUMALSAMY, precribed for SC KARIYANENDAL, DESTITUTE candidate shall be 213 VIRUDHUNAGAR BCO G P VRD1999F00001434 10/06/1998 18/12/1980 BCO VAKKANANKUNDU PO, WIDOW applicable for destitute ARUPUKOTTAI TKwidow for all caste G.o.
VIRUDHUNAGAR-0 395 P & R Date 4.11.93 MBC -WOMEN - NON PRIORITY M.VAIRAM D/O.MUTHUPERUMAL SAMINATHAN 506 VIRUDHUNAGAR MBC W NP VRD1995F00002414 28/05/1997 22/08/1980 MBC 31 years 10 mselected MANAGACHERI PO MALLI VIA , SIVAKASI DHANALAKSHMI.J , D/O JAYASEELAN,, 31 years 10 100,MADATHUPATTI ST, months 12 541 VIRUDHUNAGAR MBC W NP VRD1995F00002251 02/06/1997 22/08/1980 MBC selected RAJAPALAYAM,., days VIRUDHUNAGAR DIST.- VIRUDHUNAGAR-626117
P.JEYALAKSHMI 34 years 11 14.SOUTHKULAMPATTI months 19 736 VIRUDHUNAGAR GT W NP VRD2012F00001544 29/05/1995 11/07/1977 SCO selected SC Age limit 35 MALLI,SERIVILLIPUTTURdays 626141 KALAISELVI.A , D/O AYYANAR,, 2/96, NORTH ST,, THULUKKAPATTI PO., 759 VIRUDHUNAGAR GT W NP VRD1993F00001702 29/05/1995 06/04/1978 SCO selected SC Age limit 35 VIRUDHUNAGAR DIST.- VIRUDHUNAGAR-0 VALLI.A , D/O AMMASI, KULALIKULAM,ANNAI, KULAM PO,TIRUCHULI, 767 VIRUDHUNAGAR GT W NP VRD1996F00006054 29/05/1995 03/05/1978 SCO selected SC Age limit 35 TK,VIRUDHUNAGAR DIST-VIRUDHUNAGAR-0 MBC-GL - NON PRIORITY LASHMIKANTHAN.C , S/O.CHELLASAMUY.I, 31 years 11 4/122,MAIN ROAD,, months 12 917 VIRUDHUNAGAR MBC GL NP VRD1998M00009324 29/05/1997 18/07/1980 MBC selected age limit 32 VEMBAKKOTTAI,, days SIVAKASI TKVIRUDHUNAGAR-0 GOKULAKRISHNAN.D , S/O DEVARAJ, A.
REEDDIYAPATTI, 31 years 11 1168 VIRUDHUNAGAR BCO GL NP VRD2004M00000036 29/05/1997 06/07/1980 BC selected age limit 32 MALLANGINAR POST, month 24 days KARIPATTI TKVIRUDHUNAGAR-0 11.In respect of W.P.(MD)No.6852 of 2014, the learned counsel appearing on behalf of the writ petitioner states that the appointed candidate, namely, Jeyalakshmi had suppressed the fact that she had already appointed as Noon Meal Organiser and secured appointment in the post of Livestock Inspector Grade-II. 12.The learned counsel appearing on behalf of the writ petitioner states that the said candidate was already appointed through District Employment Exchange to the post of Noon Meal Organiser in the year 2012.
sponsorship, the said Jeyalakshmi was appointed to the post of Livestock Inspector Grade-II.
13.In this regard, the official respondents are directed to verify the files and conduct an enquiry, if required and initiate appropriate action for cancellation of appointment by following the procedures and by affording opportunity to the candidate concerned.
14.In the present case, where there are certain other illegalities, if any, are concerned, the same also can be verified with reference to the original files and if there is any discrepancy in respect of the service particulars of the individual concerned, all suitable actions are to be initiated in accordance with the rules by following the procedures and by affording opportunity to the respective candidates concerned. Thus, all such individual cases, where there are certain suppression of facts at the time of appointment or certain fraudulent activities, the same can be verified with the original files and all actions are to be initiated by the respondents. 15.As far as the quashing of entire selection as well as the notification and the Government Order are concerned, this Court is of the considered opinion that revised advertisement was issued, pursuant to the orders of the Hon'ble Division Bench of this Court. As per the revised advertisement, maximum age limit fixed for General category is 30 and BC category is 32 and SC / ST is 35.
16.This being the maximum age limit fixed, now on a perusal of the entire details of the appointed candidates, the official respondents had not violated the maximum age limit fixed for these candidates. All the candidates appointed were well within the maximum age limit fixed, which was notified in the advertisement. 17.In respect of the allegations raised regarding the fraudulent activities, submission of bogus certificates and other criteria, the writ petitioner is at liberty to submit a detailed representation to the competent authorities and the authorities concerned are bound to conduct an enquiry and take a decision in this regard.
18.This being the factum, this Court is of the considered opinion that the writ petitioner has not established any legal ground for the purpose of quashing the entire selection and appointment and accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS )
To
1. The Secretary, Department of Animal Husbandry and Fisheries(AH.I) Fort St.George, Secretariat, Chennai-9.
2. The Director of Animal Husbandry and Veterinary Services, Chennai-6.
3. The Director of Employment and Training O/o.The Director of Employment and Training, Guindy, Chennai-32.
4. The District Employment Officer, Virudhunagar District, Virudhunagar.
+1 CC to SPECIAL GOVERNMENT PLEADER ( SR-77961[F] dated 26/07/2019) W.P.(MD)No.266 of 2015 and M.P.(MD).No.2 of 2015 25.07.2019 Ns AE/(05.08.2019) 13P 6C