Sheik Abdullah v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Sheik Abdullah ... Petitioner -vs1.The Secretary to Government Labour Department Secretariat, Chennai 2.The Commissioner of Labour DMS Campus Anna Salai, Thenampet Chennai 3.The Joint Commissioner of Labour DMS Campus Anna Salai, Thenampet Chennai 4.The Deputy Commissioner of Labour Bharathi Ula Veethi Madurai ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the second respondent to consider the representation of the petitioner dated 03.11.2021 and appoint him as Junior Assistant by taking into account of the results of the District Office Manual Test, December, 2011 issued in the official gazette of Government of Tamil Nadu, dated 07.03.2012.

For Petitioner :

Mr.V.Angusamy For Respondents :

Mr.G.Suriyananth Additional Government Pleader

O R D E R

This writ petition has been filed for mandamus seeking for a direction to the second respondent to consider the petitioner's representation dated 03.11.2021 and appoint him as Junior Assistant by taking into account the results of the District Office Manual Test, December 2011, issued in the official gazette of Government of Tamil Nadu, dated 07.03.2012.

2. It is now brought to the notice of this Court by the learned Additional Government Pleader appearing for the respondents that subsequent

to the filing of this writ petition, the fourth respondent has made a recommendation to the second respondent to appoint the petitioner as Junior Assistant and the said recommendation is under consideration of the second respondent. The written instructions received by the learned Additional Government Pleader appearing for the respondents in this regard has also been placed on record.

3. Learned counsel for the petitioner is also satisfied, if the recommendation of the fourth respondent to the second respondent for appointment of the petitioner as Junior Assistant is considered on merits and in accordance with law, within a time frame to be fixed by this Court. No prejudice would be caused to any of the parties, if such a recommendation is considered by the second respondent.

4. For the foregoing reasons, this Court directs the second respondent to pass final orders on the fourth respondent's recommendation, dated 29.11.2023, recommending to appoint the petitioner as Junior Assistant, within a period of eight weeks, from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

05.08.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Secretary to Government, Labour Department, Secretariat, Chennai.

2.The Commissioner of Labour, DMS Campus, Anna Salai, Thenampet, Chennai.

3.The Joint Commissioner of Labour, DMS Campus, Anna Salai, Thenampet, Chennai.

4.The Deputy Commissioner of Labour, Bharathi Ula Veethi, Madurai.

ABDUL QUDDHOSE, J.

krk 05.08.2024