Petitioner sought appointment as legal heir of a freedom fighter. Court held public employment is not a right and must follow recruitment rules. Special schemes violating Article 14/16 cannot be enlarged. Held no rule exists for such appointments; rejection upholds.
Writ petition dismissed; petitioner not entitled to employment.
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 : 13.11.2017
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.30287 of 2013
K.Selvam .. Petitioner vs. 1.The Secretary to Government State of Tamil Nadu Animal Husbandry,Dairying and Fisheries Department Secretariat, Chennai-600 009 2.The District Collector Tiruvallur District Tiruvallur-602 001 .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent in his impugned proceedings Na.Ka.4901/2011/M1 dated 18.09.2013 and quash the same as unjustifiable and illegal and consequently direct the respondents to provide an employment to the petitioner in any of the basic servant post in Government Service under the special category of legal heir of freedom fighter.
For Petitioner : Mr.R.Munusamy For Respondents : Mr.K.Thangapandi Government Advocate
O R D E R
The relief sought in this writ petition is to call for the records in respect of the order of rejection passed by the second respondent in proceedings Na.Ka.4901/2011/M1 dated 18.09.2013 and quash the same and direct the respondents to
provide an employment to the petitioner in any of the basic servant post in Government Service under the special category of legal heir of freedom fighter.
enlarged. The Government should be cautious while granting exceptional appointments so as to see that the regular stream of appointments in accordance with the recruitment rules in force is not affected. In the event of considering the scope for any such special scheme, certainly it would amount to violation of Article 14 and 16 of the Constitution of India.
Accordingly, the writ petition stands dismissed. No costs.
Sd/-
Assistant Registrar
//True copy//
Sub Assistant Registrar
gpa
To
1.The Secretary to Government
State of Tamil Nadu
Animal Husbandry,Dairying and Fisheries
Department
Secretariat, Chennai-600 009
2.The District Collector
Tiruvallur District
Tiruvallur-602 001
+1cc to Mr.R.Munusamy, Advocate SR.No.80473
+1cc to Government Pleader SR.No.80975
W.P.No.30287 of 2013
GN(30/11/2017)
2 issues framed by the court
Whether the petitioner has a right to be appointed as a legal heir of a freedom fighter under the prevailing recruitment rules.
Whether the rejection of the appointment claim by the District Collector under Article 14 and 14 of the Constitution was legally sound.
K.Selvam
Secretary to Government State of Tamil Nadu Animal Husbandry, Dairying, and Fisheries Department
District Collector Tiruvallur
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
