Madras High Court
T.Nandha Kumar vs The General Manager on 24 August, 2017
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.08.2017
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P(MD)No.10416 of 2010
and
M.P.(MD)No.1 and 2 of 2010
T.Nandha Kumar ... Petitioner
Vs.
1.The General Manager,
TamilNadu State Transport Corporation Ltd.,
(Madurai Division III),
Ranithottam, Nagercoil ? 629 001,
Kanyakumari District.
2.The District Employment Officer,
Kanyakumari District,
Nagercoil ? 629 001. ... Respondents
PRAYER: Petition is filed under Article 226 of Constitution of India, praying
for issuance of a Writ of Certiorarified Mandamus, calling for the records
pertaining to the notification of the first respondent issued vide letter
No.2624/A10/TNST/2010 dated 31.05.2010 and quash the same and consequently
directing the second respondent to sponsor the name of the petitioner for the
Conductor Post to the first respondent by granting age relaxation.
!For Petitioner : Mr.Dennis Joe
^For R-1 : Mr.K.Sathiyasingh
For R-2 : Mr.T.R.Janarthanam
Additional Government Pleader
:ORDER
This writ petition has been filed to quash the notification of the first respondent's Letter No.2624/A10/TNST/2010 dated 31.05.2010 and sponsor the petitioner's name in the list for the post of Conductor by granting age relaxation.
2. The petitioner underwent conductor training in the year 1995 and registered his name in the District Employment Office, Villupuram on 02.08.1995. Thereafter, on 27.07.1998 his name was transferred from Villupuram Employment Office to Kanyakumari Employment Office. While forwarding the eligible candidates as per the seniority for the appointment of 214 Drivers and 227 Conductors (BC 17+51) as per the request of the first respondent, the second respondent has forwarded a list of 2693 candidates for the post of Drivers and 3311 candidates for the post of Conductors to the first respondent. The second respondent, without following the ratio 1:20, forwarded the candidates. if 1:20 ratio is followed, the petitioner would recommend for the post of conductor. Hence, the petitioner filed this writ petition to quash the proceedings of the first respondent.
3. In the counter affidavit, it is stated that the first respondent has sponsored 1020 eligible candidates belonging to BC Non- Priority registered upto 30.06.1993 for the vacancies of 51 posts in the ratio of 1:20 and 1089 candidates registered upto 12.07.1995 for the vacancies of 53 posts for OC Non-Priority. The Seniority of the petitioner i.e., 02.08.1995 did not fall within the cut off dates of seniority 30.06.1993 and 12.07.1995 for the categories of BC and OC Non-Priority respectively.
4. Heard Both sides.
5. The age limit for BC is 35, which is not a dispute in both sides. Though the names were sponsored in the year 2007, the writ petition has been filed in the year 2009.There are two years of delay and laches. The seniority of the petitioner is from the date of 02.08.1995. An employment officer sponsoring candidates for the said posts, in which the cut off dates of the seniority are 30.06.1993 and 12.07.1995 for the categories of BC and OC Non-Priority respectively. Since the cut off dates have been fixed for sponsoring candidates for appointment, it cannot be stated by the writ petitioner that 1:20 ratios are not followed. In fact, 1:20 ratio properly followed and the sponsors were only made as per the G.O.6, dated 01.02.2002. Therefore, finding from any angle, now the petitioner is almost more than 46 years, therefore, it will not come under the G.O.6, dated 01.02.2002. There are laches and delay in approaching the Court. Hence, the Writ Petition is liable to be dismissed.
6. Accordingly, this Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petitions are dismissed.
To
1.The General Manager, TamilNadu State Transport Corporation Ltd., (Madurai Division III), Ranithottam, Nagercoil ? 629 001, Kanyakumari District.
2.The District Employment Officer, Kanyakumari District, Nagercoil ? 629 001.
.