In a writ petition under Article 226, the petitioner sought priority registration as a grandson of a freedom fighter. The court noted the absence of any scheme or executive instruction granting such priority to grandchildren, distinguishing earlier precedents, and dismissed the petition.
No relief granted; writ petition dismissed and consequences closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04.03.2015
Coram :
The Honourable Mr.Justice V.RAMASUBRAMANIAN
WRIT PETITION NO.19076 OF 2010
& MP.NOS.1 AND 2 OF 2010
Mr.V.Anbuvalavan
...Petitioner
Vs
1. The State of Tamilnadu, rep.by its
Secretary, Labour & Employment
Department, Fort.St.George, Chennai-9.
2. National Employment Services,
Directorate of Employment & Training
Guindy, Chennai-32.
3. The District Collector, District Collector
Office, Ariyalur District.
4. The District Employment Officer,
District Employment Office,
Ariyalur District.
...Respondents
PETITION filed under Article 226 of The Constitution of India seeking to issue of a Writ of Certiorarified Mandamus to call for the records of the first respondent in Government letter No.33413/T2/2009-3 dated 2.2.2010 and consequential order passed by the second respondent in Ma.Ve.Su.No.6/2010 dated 6.4.2010 and letter sent by the fourth respondent in A2/1483/2010 dated 2.6.2010, quash the same and consequently direct respondents 3 and 4 to register the name of the petitioner in the employment register under the priority category of 'grandson of freedom fighter' with all consequential benefits flowing out of the said registration.
For Petitioner : Mr.V.V.Giridhar
For Respondents : Mr.L.S.M.Hasan Fizal, GA
O R D E R
The petitioner has come up with the above writ petition, challenging the Government letter No.33413/T2/2009-3 dated 2.2.2010
and consequential order passed by the second respondent in dated 6.4.2010 and letter sent by the fourth respondent dated 2.6.2010 and for a direction to the respondents 3 and 4 to register his name in the rolls of the Employment Exchange under the priority category of "grandson of freedom fighter".
petitioner on the judgment of another learned Judge of this Court in S.Sree Nirajanaa Bose vs. Government of Tamil Nadu [W.P.(MD) No.5050 of 2009 dated 24.9.2009], wherein the learned Judge was considered with the validity of a Government Order taking away the benefit already made available to the grand-children of Freedom fighters. But the said decision is of no assistance to the petitioner. In that case, a benefit which was earlier made available was taken away by a Government Order. In this case no benefit was ever made available to the grand-children of the Freedom fighters. Therefore, the reliance placed on the said decision is of no avail. 8. Hence, the writ petition is dismissed. There will be no order as to costs. Consequently, M.P.Nos. 1 and 2 of 2010 are closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
gr.
To
1. The Secretary, Labour & Employment Department, Fort.St.George,
Chennai-9.
2.The National Employment Services, Directorate of Employment &
Training
Guindy, Chennai-32.
3. The District Collector, District Collector Office, Ariyalur
District.
4. The District Employment Officer, District Employment Office,
Ariyalur District.
1 cc to Government Pleader,Sr.No.12337
W.P.No.19076 of 2010
gr(co)
pmk.16.3.2015
2 issues framed by the court
Whether a claim to priority registration for grandchildren of freedom fighters succeeds in the absence of a statutory scheme or executive instruction providing for such priority.
Whether the Constitution of India or any scheme grants priority to grandchildren of freedom fighters for public employment.
Colour shows how this judgement treated each authority
Aarthi M (Minor) vs. State of Tamil NaduDistinguished
Aarthi M (Minor) vs. State of Tamil Nadu [2002 (4) CTC 449]
T.T.Saravanan vs. State of Tamil NaduReferred
T.T.Saravanan vs. State of Tamil Nadu [2004 (5) CTC 704]
S.Sree Nirajanaa Bose vs. Government of Tamil NaduDistinguished
S.Sree Nirajanaa Bose vs. Government of Tamil Nadu [W.P.(MD) No.5050 of 2009]
1 provisions across 1 enactments
Mr. V. Anbuvalavan
The State of Tamilnadu
V.Ramasubramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
