Madras High Court
S.Prem Kumar vs The Secretary To Government on 5 July, 2022
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.No.13180 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2022
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.13180 of 2015
&
M.P.No.1 of 2018
S.Prem Kumar ...Petitioner
..Vs..
1.The Secretary to Government,
P & AR Department,
Fort St.George, Chennai - 09.
2.The Chairman,
Teacher's Recruitment Board,
DPI Complex, College Road, Chennai - 06.
3.The Director,
Department of Employment and Training,
Guindy, Chennai - 32.
4.The Assistant Director,
District Employment and Training,
Kanchipuram.
... Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondents to
restore his seniority in the employment exchange as 1.12.2011 and
sponsor the petitioner name in the category of priority (land
acquisition) as per G.O.Ms.No.188 P&AR Department dated
28.12.1976 by fixing the ration for priority (land acquisition) and
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https://www.mhc.tn.gov.in/judis
W.P.No.13180 of 2015
consequently selected and appoint the petitioner in the post of
computer instructor with all benefits.
For Petitioner : Mr.Gautham S.Raman
For Respondents : Mr.S.Prabhakaran
Government Advocate
(For R.1, R.3 & R.4)
Mr.C.Kathiravan,
Special Government Pleader for TRB
ORDER
The relief sought for in the present writ petition is to direct the respondents to restore the seniority of the petitioner in the employment exchange as on 01.12.2011 and sponsor the petitioner name in the category of priority (land acquisition) as per G.O.Ms.No.188 P&AR Department dated 28.12.1976.
2. The petitioner states that he has registered his name in the Employment Exchange in the year 1995 and waiting for employment for about 20 years. The land belonging to the family of the writ petitioner was acquired and therefore the Tahsildar issued the priority certificate (land acquisition) in proceedings dated 02.06.2011. The petitioner approached the Employment and Training, Guindy to register his name under the priority category (land acquisition) in the year 2011. However, the Department refused to enroll the name of the writ petitioner in the category of priority (land acquisition). Thus, the petitioner is constrained to move the present writ petition. 2/8 https://www.mhc.tn.gov.in/judis W.P.No.13180 of 2015
3. The counter filed by the fourth respondent / Deputy Director reveals that the petitioner has registered his educational qualifications upto graduation in the District Employment Office at Kanchipuram. The petitioner applied to the Assistant Director in the Office of the Kanchipuram for registering his name under priority of land losers category on 26.04.2013. The fourth respondent office has returned the petitioner's application on 10.05.2013 to re-submit his application after rectifying the mistakes pointed out. But the petitioner has failed to report in person. It is submitted that his application dated 05.08.2013 was again returned on 14.08.2013 to rectify the defects. Again on 03.02.2014 his application dated 31.01.2014 was rejected by 4th respondent stating that the petitioner is not eligible for LA Priority as the petitioner was married. It is submitted that on receipt of communication dated 31.12.2014 from 3rd respondent i.e. Director of Employment and Training, Chennai – 600 032, 4th respondent issued a call letter to the petitioner and after verifying relevant documents and based on the petitioner's letter dated 01.12.2014, he was registered under the LA priority category on 09.01.2015 without affecting the original seniority of his educational qualifications already registered. Since the rejection of Predecessor Officer is not valid in the eye of law. 3/8 https://www.mhc.tn.gov.in/judis W.P.No.13180 of 2015
4. The petitioner has only registered his LA priority on 09.01.2015. His original seniority has not been affected. The petitioner is eligible to be considered for the vacancies under LA priority from 09.01.2015 onwards. It is submitted that 2nd respondent i.e. Teachers Recruitment Board has notified 652 vacancies of Computer Instructors to 3rd respective i.e. Director of Employment and Training Chennai – 600 032. The petitioner is eligible to be considered for nomination under BC and OC General priority category. In the BC and OC General priority category candidates registered under the priority group of DW/ICM and Dependent of/Ex-Service men categories were nominated. Land Acquisition priority category has not reached the purview of nomination.
5. Government in G.O.Ms.No.188 P&AR Department, dated 28.12.1976 has prescribed the following order of priority to be followed for nomination.
GROUP – I a. Disabled Ex-Service man b. Up to two members of the family of the Armed forces personnel killed in action or disabled in action and or totally unfit for re- 4/8 https://www.mhc.tn.gov.in/judis W.P.No.13180 of 2015 employment. Inter caste married couple. c. 1. Ex-Servicemen/Dependent of Ex-Servicemen – Dependent of service personnel
2. Legal heirs of Freedom Fighters/Tamil Savants d. Burma Repatriates/Srilanka Repatriates e. Person displaced by Land Acquisition. f. Differently abled GROUP III a. Discharged Govt. Employee (State) b. Released Bonded Labours c. Inmates and Ex-inmates of Approved Schools and Vigilance Institutions and so on.
GROUP IV a. Persons served under Territorial Army for more 6 months b. Territorial Army personnel and Ex-servicemen of the Auxilary Air Force c. Persons who have worked as Youth Service Corps volunteers for 1 year upto 31.12.1984 d. Ex-census employees (1991) GROUP V Others 5/8 https://www.mhc.tn.gov.in/judis W.P.No.13180 of 2015
6. Even at the time of filing of the writ petition, the writ petitioner was aged about 51 years, now he would be around 57 years. That apart, the learned Special Government Pleader for Teacher Recruitment Board made a submission that the recruitment was concluded in the year 2014-2015 and the selected candidates were appointed and therefore the case of the writ petitioner cannot be considered at this length of time with respect to the year 2015. That apart, the petitioner has not pursued the issue till the registration is made for priority category. However, on account of the length of time and considering the age of the writ petitioner, the relief of direction to sponsor the name of the writ petitioner under the priority category cannot be considered. Further the selection procedure underwent changes, currently, the selection process for Teachers Recruitment Board are to be made only by way of open competitive process and the process of recruiting the candidates through District Employment Exchange was dispensed very long back. Thus, the appointment to the post of Teacher cannot be made at this length of time.
7. Accordingly, the writ petition stands dismissed. No costs. Connected miscellaneous petition stands closed.
05.07.2022 6/8 https://www.mhc.tn.gov.in/judis W.P.No.13180 of 2015 mrm Index: Yes/No Internet: Yes/No Speaking Order To
1.The Secretary to Government, P & AR Department, Fort St.George, Chennai - 09.
2.The Chairman, Teacher's Recruitment Board, DPI Complex, College Road, Chennai - 06.
3.The Director, Department of Employment and Training, Guindy, Chennai - 32.
4.The Assistant Director, District Employment and Training, Kanchipuram.
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mrm W.P.No.13180 of 2015 05.07.2022 8/8 https://www.mhc.tn.gov.in/judis