Madras High Court
G.N.Rajendran vs The General Manager on 19 December, 2017
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19-12-2017 CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.12084 of 2012 And M.P.No.1 of 2012 G.N.Rajendran .. Petitioner -vs- 1.The General Manager, Bank of India, Southern Region, Spencer Plaza, Anna Salai, Chennai-600 002. 2.The Deputy Zonal Manager, Bank of India, Chennai Zone, New No.30, Old No.17, Errabalu Street, II Floor, Chennai-600 001. 3.Mr.A.Pandian 4.Mr.Badnapuri Siva .. Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first and second respondent to appoint the petitioner in Safai Karamchari-cum-Sepoy (Sweeper) post in pursuant to the interview held on 20.1.2011. For Petitioner - Mr.R.Sivakumar For Respondents 1 and 2 - Mr.K.Kumar for M/s.Sree and Associates. For Respondent-3 - Mr.L.Chandrakumar For Respondent-4 - No Appearance ORDER
The relief sought for in this writ petition is for a direction to direct the respondents 1 and 2 to appoint the petitioner in Safai Karamchari-cum-Sepoy (Sweeper) post in pursuant to the interview held on 20.1.2011.
2. The grievance advanced by the learned counsel, appearing on behalf of the writ petitioner, is that the third respondent, who was appointed in the said post, is unqualified on the ground of overage. The complaint submitted by the writ petitioner is that the third respondent had submitted a bogus date of birth certificate and secured the public employment. In spite of the representations submitted to the respondents 1 and 2, no action has been taken even to verify the genuinity of the Certificates produced by the third respondent for securing appointment.
3. The learned counsel, appearing on behalf of the respondents 1 and 2, informed the Court that appropriate actions were taken now to verify the genuinity of the educational certificate and the date of birth certificate produced by the third respondent at the time of securing appointment in the services of the Bank. The Deputy Zonal Manager, Shri Surendra Pratap Singh, is present before this Court. The said Deputy Zonal Manager has assured that appropriate action will be taken immediately to verify the genuinity of the Certificates produced by the third respondent, which were produced at the time of securing appointment.
4. The only point involved in this case is that the date of birth certificate produced by the third respondent at the time of appointment is genuine or not. However, the writ petitioner was an unselected candidate and his name is found next to the name of the third respondent in the select list. That prompted him to prefer this writ petition under Article 226 of the Constitution of India.
5. In view of the assurance given by the Deputy Zonal Manager that prompt and immediate action will be initiated by the respondents to verify the genuinity of the Certificates produced by the third respondent, this Court is of the opinion that no further orders are required in this writ petition. Accordingly, the respondents 1 and 2 are directed to verify the genuinity of the Certificates produced by the third respondent and initiate appropriate action in accordance with the rules and regulations of the respondent-Bank. Such an exercise shall be done by the respondents 1 and 2, within a period of eight weeks from the date of receipt of a copy of this order.
6. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
19-12-2017 Speaking Order Index : Yes.
Internet: Yes.
Svn To
1.The General Manager, Bank of India, Southern Region, Spencer Plaza, Anna Salai, Chennai-600 002.
2.The Deputy Zonal Manager, Bank of India, Chennai Zone, New No.30, Old No.17, Errabalu Street, II Floor, Chennai-600 001.
S.M.SUBRAMANIAM, J.
Svn WP 12084 of 2012 19-12-2017