Petitioner sought writ to direct filling of Cook vacancies per seniority. Court refused to direct appointment to petitioner but clarified that she can apply if eligible when roles are filled. Petition disposed accordingly.
No direction to appoint petitioner; clarified she can apply if eligible when post is filled.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.02.2015
CORAM
THE HON'BLE MR. JUSTICE K.K.SASIDHARAN
W.P.No.28314 of 2012
M.Karumbayee ...Petitioner
Vs.
1. The Commissioner,
Department of Adi Dravidar Welfare,
Ezhilagam, Chepauk, Chennai – 5.
2. The District Adi Dravidar Welfare Officer,
O/o.District Adi Dravidar Welfare,
Karur, Karur District. ...Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents especially the first respondent to pass orders on the petitioner's representation dated 06.07.2012 by issuing necessary orders directing/permitting the second respondent to fill up the available 9 vacancies (including the 3 vacancies after effecting promotions as Servant cum Watchman), strictly in accordance with the employment seniority, specifically considering the petitioner's candidature in the category of Women for appointment as Cook.
For Petitioner : Mr.A.Amal Raj
For Respondents : Mr.M.S.Ramesh,
Addl. Govt. Pleader
ORDER
The petitioner seeks a writ of mandamus directing the respondents to fill up the post of Cook on the basis of employment seniority.
2.There is no question of directing the respondents to appoint the petitioner on the basis of her employment seniority. In case the respondents take action for filling up the post, it is always open to the petitioner to submit an application, provided she is eligible.
3.The writ petition is disposed of with the above observation. No costs.
Sd/-
Deputy Registrar(J)
//True Copy//
Sub Assistant Registrar
mmi
To
1. The Commissioner,
Department of Adi Dravidar Welfare,
Ezhilagam, Chepauk, Chennai – 5.
2. The District Adi Dravidar Welfare Officer,
O/o.District Adi Dravidar Welfare,
Karur, Karur District.
W.P.No.28314 of 2012
PA (CO)
PSI (27.02.2015)
3 issues framed by the court
Whether the writ court can direct the respondents to appoint the petitioner on the basis of employment seniority for the post of Cook.
Whether the petitioners can be directed to fill up the vacancies strictly in accordance with the employment seniority.
Whether it is open to the petitioner to submit an application for appointment when the respondents take action to fill the post.
1 provisions across 1 enactments
M.Karumbayee
The Commissioner, Department of Adi Dravidar Welfare
The District Adi Dravidar Welfare Officer, Karur
K.K.Sasidharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
