K.Ilamparithi, v. The Commissioner/Director,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2022
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY K.Ilamparithi ... Petitioner vs
1. The Commissioner/Director, Adi-Dravidar & Schedule Tribe Welfare Department, Chepauk, Chennai - 600 005.
2. The District Adi-Dravidar & Schedule Tribe Welfare Office, Schedule Caste & Schedule Tribe Welfare Department, District Collectorate Building Campus, Trichirappalli District - 1.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent to consider the petitioner's representation, dated 10.02.2016 on pursuance to the interview conducted on 13.08.2015 and thereby, directing the respondents to issue an appointment order to the petitioner in the post of cook into the Adi-Diravidar Welfare Hostel in and around of Tiruchirapalli District through speaking order. For Petitioner : No appearance For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader
O R D E R
This Writ Petition is filed for issuance of a Writ of Mandamus, to direct the respondent to consider the petitioner's representation, dated 10.02.2016 in pursuance to the interview conducted on 13.08.2015 and thereby, directing the respondents to issue an appointment order to the petitioner in the post of cook in the Adi-Diravidar Welfare Hostel in and around of Tiruchirapalli District
2. The contention of the petitioner is that the petitioner is having marks and seniority and is eligible for an appointment to the post of Cook, but the respondents have not considered. The respondents appointed the post by political parties influence and there is no justice in the recruitment process. 1/3
3. The third respondent has filed a counter affidavit stating that an advertisement was issued in the Newspaper and received application from the candidates. As per the norms, interview date is fixed for the eligible candidates and the roster system is also followed. The applications are received from 1,095 candidates, based on Educational qualification, Experience, Physical fitness and based on the priority for widows, inter-caste marriage the recruitment process was conducted. The petitioner was called for interview on 13.08.2015 and the petitioner failed to explain the practical method of cooking. The petitioner's representation, dated 10.02.2016 was not considered because already the selection list was affixed in the office and the selected candidates had joined the post. Therefore, the petitioner is not entitled to the said post.
4. Heared, Mrs.D.Farjana Ghoushia, learned Special Government Pleader appearing for the respondents and no appearance for the petitioner.
5. The respondents have stated that already the candidates were selected and the selected candidates have joined the post in the year 2016. Now the selected candidates are working in the said post for the past seven years. Therefore this Court is not inclined to disturb the already appointed persons.
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6. Hence, the Writ Petition is dismissed. No costs. Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) jbr 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.
To
1. The Commissioner/Director, Adi-Dravidar & Schedule Tribe Welfare Department, Chepauk, Chennai - 600 005.
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2. The District Adi-Dravidar & Schedule Tribe Welfare Office, Schedule Caste & Schedule Tribe Welfare Department, District Collectorate Building Campus, Trichirappalli District - 1.
+1 CC to M/s.SPL GP ( SR-10603[F] dated 08/03/2022 ) 07.03.2022 MA(CO) KB(04.04.2022) 3P 4C 3/3