Petitioner challenged the rejection of his appointment application for Village Assistant post, arguing violation of seniority norms. Court held petitioner exceeded age limit and lacked requisite seniority, dismissing the writ petition.
Petition dismissed; no costs; connected miscellaneous petition 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: 10.02.2017
CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
W.P. No. 26428 of 2013
and MP No.1 of 2013
A.Ravi .. Petitioner
Vs.
1 The District Employment Officer,
Villupuram,
Villupuram District.
2 The Tahsildar,
Taluk Office, Thirukovilur,
Villupuram District. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the
Constitution of India praying for issuance of a Writ of
Certiorari Mandamus, to call for the records of the impugned
order passed by the 1 st Respondent A2/10461/2013 dated 5.09.2013
and quash the same as illegal and direct the 1 st respondent to
call for interview as per seniority for the post of Village
Assistant and direct the 2 nd respondent to fill up the post of
three vacancy of Village Assistant in Ariyur Revenue Village,
Villupuram District.
For Petitioner : Mr.G.Ranganathan For Respondents : Mr.S.Diwakar Special Government Pleader
O R D E R
The Writ Petition has been filed praying for issuance of a Writ of Certiorari Mandamus, to call for the records of the impugned order passed by the 1st Respondent A2/10461/2013 dated 5.09.2013 and quash the same as illegal and direct the 1st respondent to call for interview as per seniority for the post of Village Assistant and direct the 2nd respondent to fill up the post of three vacancy of Village Assistant in Ariyur Revenue Village, Villupuram District.
In the aforesaid notification, out of 12 posts, only two Village Assistant Posts were notified for Open Competition General Non Priority Category, and 10 number of candidates belonging Scheduled Caste were nominated for that post, and last candidate's seniority in open competition General Non Priority Category is 05.07.1993. The petitioner's seniority date is 06.11.1996, as per G.O.No.21, Labour and Employment Department dated 02.02.2000, upper age limit is relaxed one year for seniority of every three years subjected to maximum of 5 years for 15 years seniority for the candidates who posses below SSLC qualification only. The petitioner crossed upper age limit of 40 years on 03.05.2013. The crucial date to reckon the age limit is 01.07.2013. The petitioner was not nominated because, he was over aged and also he does not comes within the purview
of cut-off date in Open Competition General Non Priority Category. Therefore he was not sponsored for the appointment of the Village Assistant Post.
Sd/Assistant Registrar //True Copy// Sub Assistant Registrar
To 1 The District Employment Officer, Villupuram, Villupuram District.
2 The Tahsildar, Taluk Office, Thirukovilur, Villupuram District.
+1cc to the Government Pleader, S.R.No. 9032
VGII(CO) md(24/03/2017)
W.P. No. 26428 of 2013
3 issues framed by the court
Whether the petitioner, having crossed the upper age limit and failing to meet the seniority cut-off date, was eligible for appointment to the post of Village Assistant.
Whether the impugned order barring the petitioner from the post is legal and valid.
Whether the High Court should issue a Writ of Certiorari to quash the order and mandate an interview call based on seniority.
1 provisions across 1 enactments
A.Ravi
The District Employment Officer, Villupuram
The Tahsildar, Thirukovilur Taluk
D. KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
