K. Rethinaprakash v. The Director,

THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).Nos.1765, 1766 and 1767 of 2016 K.Rethinaprakash ... Petitioner Vs.

1.The Director, Department of Handloom and Textiles, Chennai - 108.

2.S.Mahendran 3.P.Sathishkumar 4.V.Uthandurajan 5.V.Saravanan 6.R.Esaki 7.G.Mathish Kumar 8.G.Deepa 9.K.Muthumariappan 10.R.Santhosh Kumar 1/6

11.R.Ramesh Kannan 12.E.Udhayanila 13.R.Kasirajan 14.M.Dinesh 15.S.Magabujan 16.P.Raja 17.S.Mahendramallu ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned selection issued by the first respondent vide his proceedings in Rc.No.23746/2014/D2 dated 28.09.2015 and quash the same as illegal and consequently directing the first respondent to appoint the petitioner herein in Shift Supervisor in any one of the Mills under the control of the respondent by conducting an interview based on his representation dated 29.09.2015 within the time limit that may be stipulated by this Court. For Petitioner : Mr.G.Thalaimutharasu, for Mr.D.Srinivasaragavan For R-1 : Mr.M.Lingadurai, Special Government Pleader.

For R-2 to R-17 : No Appearance.

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ORDER

This Writ Petition is filed challenging the order dated 28.09.2015 with a consequential direction to appoint the petitioner as Shift Supervisor in any one of the Mills under the control of the respondent by conducting an interview based on his representation dated 29.09.2015.

2. The petitioner is qualified to be appointed in the post of Shift Supervisor. The official respondent issued a Notification on 19.02.2015, calling for application from the qualified persons. The petitioner belongs to Scheduled Caste. He received a communication dated 11.06.2015 to attend the written test which was scheduled to be held on 28.06.2015 and the petitioner appeared for the examination. Thereafter, the eligible candidates were short listed for personal interview. The respondent through letter dated 24.07.2015 directed the petitioner to attend the interview which was scheduled to be held on 05.08.2015 at 2.30 p.m. When the petitioner appeared for the interview on the said date, the interview was cancelled. The petitioner was informed by the official respondents that the next date of interview will be communicated soon. While that being so, the interview was conducted on 21.08.2015 without any 3/6

intimation to the petitioner. Had the communication received by the petitioner in time, he would have attended the interview. Thus, the petitioner lost his opportunity.

3. At the time of filing of this Writ petition, this Court has granted interim direction, directing the respondent to keep one post vacant and the said post is vacant until today. Therefore, this court directs the first respondent to conduct an interview to the petitioner. If the petitioner is qualified, he shall be appointed in the said post. This Court is not quashing the impugned order, since some other persons were appointed through the impugned order. This Court is simply directing the first respondent to conduct an interview. If the petitioner is found to be a meritorious candidate, then the respondents shall appoint him. The said exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

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4. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

14.03.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr To The Director, Department of Handloom and Textiles, Chennai - 108.

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S.SRIMATHY, J.

Nsr 14.03.2023 6/6