Writ petition for mandamus to restore petitioner's name in employment exchange live register with original seniority allowed following Full Bench decision.
Restoration of name in live register with original seniority within 4 weeks.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2015
CORAM: THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN
W.P.(MD)No.19085 of 2014
M.Aranganathan
... Petitioner
Vs.
The District Employment Officer, District Employment Office, Tirunelveli Collectorate Campus, Tiunelveli.
... Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to restore the name of the petitioner in the live register of the respondent with his original seniority that is on 16.02.1998 vide Registration No.962/1998 in stead of the subsequent registration No.TND2012M00034214 dated 21.12.2012.
For Petitioner : Mr.C.M.Arumugam For Respondent : Mr.R.Velmurugan, G.A.
ORDER
This Writ petition has been filed for issuance of a Writ of Mandamus, directing the respondent to restore the name of the petitioner in the live register with the original seniority that is on 16.02.1998 vide Registration No.962/1998 in stead of the subsequent registration No.TND2012M00034214 dated 21.12.2012.
2.When the matter is taken up for hearing, it is represented by the learned Government Advocate appearing for the respondent that the issue is covered as per the decision of the Full Bench reported in 2007(5) CTC 561 (R.Sivakumari and seventeen others Vs. Ramanathapuram Mavatta Payirchipetra Edainilai Asiriyargal Sangam and four others) .
3.The relevant paragraph of the said decision in 2007(5) CTC 561 (cited supra) is extracted hereunder:
“(d)Persons already in employment in Private Aided Schools, whose names were deleted from the live register of the Employment Exchange shall have their names restored in the live registers with the same seniority https://hcservices.ecourts.gov.in/hcservices/ and the Employment Exchange are directed to sponsor their names against existing vacancies.”
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4.In view of the above said decision, the Writ petition is allowed and the respondent is directed to restore the name of the petitioner in the live register with the original seniority, within a period of 4 weeks from the date of receipt of a copy of this order. No costs.
Sd/-
Assistant Registrar(CO)
/True copy/
Sub Assistant Registrar
To
The District Employment Officer, District Employment Office, Tirunelveli Collectorate Campus, Tiunelveli.
+1cc to Special Government Pleader Sr NO.43625
+1cc to Mr.C.M.ARUMUGAM,ADVOCATE SR NO.42618
W.P.(MD)No.19085 of 2014 29.07.2015
rg.17.08.2015 2p/4c
1 issue framed by the court
Whether the respondent is directed to restore the petitioner's name in the live register with original seniority.
Colour shows how this judgement treated each authority
M.Aranganathan
The District Employment Officer, District Employment Office, Tirunelveli Collectorate Campus, Tiunelveli
S.Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
