Allowed

Ramesh.K v. The Director of Animal Husbandry Veterinary Services

Madras HC2 Feb 2024WP(MD)/2120/2024

Case brief

AI extract

What is this about?

A petitioner seeking appointment as Animal Husbandry Assistant based on seniority filed a writ petition due to prolonged non-appointment despite attending multiple interviews. The Court, noting a recent approval of vacancies, directed the third respondent to appoint the petitioner within eight weeks to prevent expiry of seniority benefits.

What did the court decide?

Direction issued to the 3rd respondent to appoint the petitioner to the post of Animal Husbandry Assistant within eight weeks from the date of receipt of the copy of this order.

Ramesh.K Vs The Director of Animal Husbandry… — Pension and Retirement Benefits | Madras HC (2024)

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W.P.(MD).No.2120 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 02.02.2024

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CORAM

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THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.P.(MD).No.2120 of 2024

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K.Ramesh ... Petitioner Vs.

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1.The Director of Animal Husbandry Veterinary Services, No.571, Annasalai Nandhanam, Chennai-30.

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2.The District Collector, Sivagangai District.

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3.The Regional Joint Assistant Director, Animal Husbandry Veterinary Services Department, Karaikudi, Sivagangai District. ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3^rd respondent to appoint the petitioner to the post of Animal Husbandry Assistant in the light of the direction given by the 1^st respondent within the time that may be stipulated by this Court.

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For Petitioner : M/s.V.Sujatha For Respondents : Mr.S.Shaji Bino Special Government Pleader

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.2120 of 2024

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ORDER

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The present writ petition has been filed seeking direction to the 3^rd respondent to appoint the petitioner to the post of Animal Husbandry Assistant in the light of the direction given by the 1^st respondent within the time that may be stipulated by this Court.

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By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

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3. The 3 rd respondent had called for interview to the post of animal Husbandry Assistant in the year 2016 on the basis of employment seniority. The petitioner participated in the said interview and eagerly waiting for the appointment. However, no appointment was made and once again, he was called for interview in the year 2017. Despite successfully completing his interview, due to non-availability of vacancy, he was not posted. Similarly interview was conducted in the year 2016, 2017, 2019 and 2022. In total, he attended 25 interviews for several vacancies as sponsored by Employment Exchange. However, so far he was not provided with any job. Specifically, he had attended 4 interviews from the year 2016, 2017, 2019 and 2022 as

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.2120 of 2024

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sponsored by Employment Exchange. In the meanwhile, the 1 st respondent vide proceedings, dated 11.12.2023 has granted approval for 4500 vacancies to the post of Animal Husbandry Assistant and more than 50% vacancies are not filled so far. In order to avoid the Court proceedings and also due to the availability of the post, the said proceeding has been issued by the 1 st respondent directing the 2 nd and 3 rd respondents from the respective district to fill up the vacancies on the basis of roaster seniority from the year 2015. Even after the said direction given by the 1 st respondent, the 3 rd respondent has not initiated any steps to fill up the vacancy. Hence, the petitioner made a representation on 18.04.2022 to the respondents 2 and 3 to provide him with a

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post of Animal Husbandry Assistant on the basis of roaster seniority through Employment Exchange. Since the same was not considered, this writ petition came to be filed.

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4. The learned Special Government Pleader on instructions submitted that there will not be any impediment to consider the same in the light of the proceedings of the 1 st respondent, dated 11.12.2023.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.2120 of 2024

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5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, nonconsideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

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6. In view of the submissions made by the learned Special Government Pleader, this Court directs the 3 rd respondent to appoint the petitioner to the post of Animal Husbandry Assistant in the light of the direction given by the 1 st respondent, dated 11.12.2023 within a period of eight (8) weeks from the date of receipt of copy of this order.

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With the above said observations, this Writ Petition stands allowed.

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No costs.

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02.02.2024

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NCC : Yes / No Index : Yes / No Internet : Yes

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.2120 of 2024

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gbg

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1.The Director of Animal Husbandry Veterinary Services, No.571, Annasalai Nandhanam, Chennai-30.

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2.The District Collector, Sivagangai District.

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3.The Regional Joint Assistant Director, Animal Husbandry Veterinary Services Department, Karaikudi, Sivagangai District.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.2120 of 2024

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L.VICTORIA GOWRI, J.

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gbg

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W.P.(MD).No.2120 of 2024

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W.P.(MD).No.2120 of 2024

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02.02.2024

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https://www.mhc.tn.gov.in/judis

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Ramesh.K v. The Director of Animal Husbandry Veterinary Services

Case brief

What is this about?

What did the court decide?

Ramesh.K v. The Director of Animal Husbandry Veterinary Services

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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