Petitioner sought a Writ of Mandamus for appointment as Office Assistant or reservation of a future post despite age limit concerns. Court directed the respondent to dispose of the pending representation regarding his appointment within 12 weeks.
Direction to the third respondent to dispose of the petitioner's representation regarding appointment within 12 weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.26511 of 2019
R.Jambukesan ... Petitioner
Vs.
1. The Secretary
Agriculture Department,
Secretariat,
Chennai- 600 009.
PRAYER: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to grant appointment order for the post of Office Assistant to the petitioner based upon the interview held on 28.06.2017 or direct them to reserve any one of the post which is going to arise in future in the said Agricultural department according to the educational qualifications without minding the petitioner's age limit.
For Petitioner : Mr.G.D.Siva and associates
For Respondents : Mr.R.S.Selvam
Government Advocate ORDER
This writ petition has been filed seeking direction, directing the respondents to grant appointment order for the post of Office Assistant to the petitioner based upon the interview held on 28.06.2017 or direct them to reserve any one of the post which is going to arise in future in the said Agricultural department according to the educational qualifications without minding the petitioner's age limit.
2.The learned counsel for the petitioner submits that the petitioner belongs to Backward Class Community and studied upto 8th standard. He registered his name in the District Employment Exchange at Thiruvarur on 07.10.2015. The third respondent herein, on 13.06.2017 sent a interview call letter bearing No.Na.Ka.No.Au3/2879/2017 to the petitioner to attend the Interview for the post of Office Assistant on 28.06.2017. The petitioner attended the interview on 28.06.2017 with all the required certificates. Since no further information is received from the respondents, the petitioner's father sent a representation to the third respondent herein asking for details about the appointment. The third respondent, in turn, sent a reply in letter No.E3/3753/3018 dated 26.09.2018 stating that the matter is pending before the second respondent.
3.The petitioner submitted that he was aged about 32 years when the interview for the post of Office Assistant in the Agriculture Department was conducted and the age limit for appearing examinations seeking Government job for the Backward Class Community is 35 years. The petitioner apprehends that if the result of the interview is delayed, he may be disqualified on the ground of over age. Hence, this writ petition came to be filed seeking reservation of one post of Office Assistant in the Agriculture Department.
4.Considering the facts and circumstances of the case and the limited request made by the learned counsel for the petitioner, I am inclined to issue direction to the third respondent to dispose of the representation, if not disposed already within a period of twelve (12) weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. No costs.
Sd/-
Assistant Registrar (CJ Conf.)
//True Copy//
Sub Assistant Registrar
pnn
To
Agriculture Department,
Secretariat,
Chennai- 600 009.
W.P.No.26511 of 2019
SV(CO) CS/25/10/2019
2 issues framed by the court
Whether the respondent can be directed to either grant an appointment order for the petitioner or reserve a post without minding the age limit.
Whether the petitioner is entitled to immediate appointment or future reservation given the delay in responding to his interview.
1 provisions across 1 enactments
R. Jambukesan
The Secretary, Agriculture Department, Secretariat, Chennai
The Director, O/o. Director of Agriculture, Chennai
The Joint Director, O/o. Joint Director of Agriculture, Thiruvarur
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
