Madras High Court
V.Vijayalakshmi vs The Chief Internal Auditor on 4 January, 2018
Author: T.Raja
Bench: T.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.01.2018 CORAM THE HON'BLE MR.JUSTICE T.RAJA W.P.No.34246 of 2017 V.Vijayalakshmi ... Petitioner Vs. 1.The Chief Internal Auditor, Internal Audit and Statutory Boards, Audit Department, Sengalvarayan Maligai, 7th Floor, 807, Annasalai, Chennai 600 002. 2.The Assistant Director, Audit Department, Dharmapuri-636 701. 3.The District Collector, Dharmapuri District. 4.The District Employment Officer, Employment Office, Dharmapuri-635 701. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 17.11.2017 and pass orders. For Petitioner : M/s.S.Deepika For Respondents : Mr.V.Jayaprakash Narayanan Special Government Pleader O R D E R
This Writ Petition has been filed seeking a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 17.11.2017 and grant him employment based on the interview conducted on 16.07.2014.
2. The learned counsel for the petitioner submitted that the petitioner belongs to Most Backward Class community and she married one Mr.Vadivel, belonging to Scheduled Caste community, on 11.07.2007 and the said marriage was also registered before the Sub-Registrar Office, Kudathur and therefore, the petitioner is entitled to have the benefit of priority under inter-caste marriage. While so, when the first respondent called for applications from eligible candidates for the post of Assistant in Audit Department, Dharmapuri, the petitioner applied for the same and attended the interview held on 16.07.2014 with all requisite documents, but curiously she was not given appointment. Finding no response, the petitioner sent a representation during 2015, for which a reply dated 06.11.2015 was sent by the first respondent stating that after lapse of one year, the request of the petitioner cannot be considered. The petitioner, keeping quiet again for almost more than 2 years, has sent yet another representation dated 17.11.2017 to the respondents and since, no response was forthcoming, has filed the present writ petition.
3. This Court is of the view that the petitioner should have taken legal recourse for the reply given by the first respondent dated 06.11.2015, which has not been done and she kept quiet for more than two years and as such, she is guilty of laches and on that ground, this Writ Petition deserves dismissal.
4. This Writ Petition fails and accordingly, it is dismissed. No costs.
04.01.2018 Index : yes / No Internet : yes / No jvm To
1.The Chief Internal Auditor, Internal Audit and Statutory Boards, Audit Department, Sengalvarayan Maligai, 7th Floor, 807, Annasalai, Chennai 600 002.
T.RAJA, J.
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2.The Assistant Director, Audit Department, Dharmapuri-636 701.
3.The District Collector, Dharmapuri District.
4.The District Employment Officer, Employment Office, Dharmap;uri-635 701.
W.P.No.34246 of 201704.01.2018