S.Muthukumar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2018
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P(MD)No.7636 of 2013 and M.P.(MD) No.1 of 2013 S.Muthukumar ... Petitioner Vs.
1.The State of Tamil Nadu, represented by its Principal Secretary to Government, Personnel and Administrative Reforms Department, Fort St.George, Chennai - 600 009.
2.The Chief Engineer (Construction & Maintenance) Highways Department, Chepauk, Chennai - 600 005.
3.The Joint Secretary/Public Information Officer, Highways Department, Secretariat, Fort St.George, Chennai - 600 009.
4.The Commissioner of Employment and Training, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai - 600 032.
5.A.Vasanthakumar Junior Draughting Officer, Office of the Divisional Engineer, Highways (Construction & Maintenance) Division, Trichy - 20.
6.S.Ramasamy Junior Draughting Officer, Office of the Divisional Engineer, Highways (Construction & Maintenance) Division, Virudhunagar.
7.R.Srinivasan Junior Draughting Officer, Office of the Divisional Engineer, Highways (NABARD and Rural Roads) Division, Paramakudi, Ramanathapuram District.
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the second respondent to appoint the petitioner in the post of Junior Draughting Officer in the Department of Highways,Government of Tamil Nadu based on the Employment Registration Seniority of the petitioner dated 15.07.1987 with all the attended service, seniority and monetary benefits.
For Petitioner : Mr.A.Thirumurthy For R1 to R4 : M/s.VPM.Vaishnavi Government Advocate For R5 : Mr.VOS.Kalaiselvam For R6 : Mr.G.Mathavan
ORDER
The relief sought for in this writ petition is for a direction to direct the respondents to appoint the petitioner in the post of Junior Draughting Officer in the Department of Highways, Government of Tamil Nadu.
2.The registration of names in the employment exchange constituted by the State is to facilitate eligible candidates to secure employment in an equal manner. Such a facility provided cannot be construed as a routine for appointment. Mere registration of names in the District Employment Exchange will not confer any right on the candidate to claim that he should be appointed. 3.The writ petitioner pleads that he registered his name in the District Employment Office, Pudukottai in the year 1987 and he was waiting for long years and till date he has not received any interview call letter for any recruitment. Now the entire selection process to the post of Junior Draughting Officer has to be undertaken only through open competitive process.
Thus, the writ petitioner has to participate in the selection process for the purpose of securing public employment. The writ petitioner has not established any violation, irregularities, illegalities or malpractices in the matter of sponsoring the candidates in accordance with the registration schemes in the absence any one of such legal ground in a particular selection. The present writ petitioner cannot be considered at all.
4.This apart, the writ petitioner based on the seniority in the employment registration cannot claim appointment. The Employment Exchanges are constituted to facilitate the citizens for providing equal opportunity to all the eligible candidates in the matter of public employment. This being the very purpose and object of the establishment of Employment Exchange, the writ petitioner cannot claim appointment merely on the ground that he had registered his name in the Employment Exchange in the year 1987. 5.In this view of the matter, no further adjudication is
required in this writ petition. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. Sd/ Assistant Registrar(W) /True copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government, Personnel and Administrative Reforms Department, Fort St.George, Chennai - 600 009.
2.The Chief Engineer (Construction & Maintenance) Highways Department, Chepauk, Chennai - 600 005.
3.The Joint Secretary, Highways Department, Secretariat, Fort St.George, Chennai - 600 009.
4.The Commissioner of Employment and Training, Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai - 600 032.
+1cc to M/s.Special Government Pleader,SR.No. 52011 +1cc to Mr.V.O.S.Kalaiselvam, Advocate, SR.No.51895 +1cc to Mr.A.Thirumurthy, Advocate, SR.No.51799 W.P(MD)No.7636 of 2013 27.02.2018 mm KK/CVC/03.04.2018/SAR-4/3P-8C