W.P.No.15726 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2022
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.15726 of 2022
and
W.M.P.Nos.14987 & 14990 of 2022
Manikandan ... Petitioner
vs.
The State rep by,
1.The Commissioner,
Adi Dravidar and Tribal Welfare Department,
Ezhilagam Annex Building, 1st Floor,
Chepauk, Chennai – 600 005.
2.The District Collector,
District Collector Office,
Thiruvarur.
3.The District Adi Dravidar and Tribal Welfare Officer,
Adi Dravidar and Tribal Welfare Office,
Master Plan Complex, Nagapattinam Road,
Thiruvarur – 610 004. ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India
praying to issue a writ of Certiorarified Mandamus calling for records
pertaining to the order passed by the 2nd respondent bearing
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https://www.mhc.tn.gov.in/judis
W.P.No.15726 of 2022
Na.Ka.No.7660/2020/K4, dt.30.05.2022 which was served to the petitioner
on 14.06.2022 and to quash the same as illegal and consequently direct the
respondents to regularize the petitioner's service as a cook with full back
wages, seniority, promotion and all other consequential benefits attached to
the said post in Government boys' hostel (Adi Dravidar Welfare),
Kudavasal.
For Petitioner : Mr.N.G.R.Prasad
For Mr.M.Kishore
For Respondents : Mr.T.Arunkumar,
Additional Govt.Pleader
ORDER
This writ petition has been filed by the petitioner to call for records pertaining to the order passed by the 2nd respondent bearing Na.Ka.No.7660/2020/K4, dt.30.05.2022 which was served to the petitioner on 14.06.2022 and to quash the same as illegal and consequently direct the respondents to regularize the petitioner's service as a cook with full back wages, seniority, promotion and all other consequential benefits attached to the said post in Government boys' hostel (Adi Dravidar Welfare), Kudavasal.
2/9 https://www.mhc.tn.gov.in/judis W.P.No.15726 of 2022
2. The brief facts of the case:
The petitioner was appointed as a Cook in Government boys' hostel (Adi Dravidar Welfare), Kudavasal, by the second respondent vide proceedings in Na.Ka.En.7660/2020/K4 and no adverse remarks were raised against him in his service. Such being the position, suddenly, the second respondent has issued a termination order dated 30.05.2022, without issuing pre-notice or conducting any enquiry in that regard and the said termination order was served to the petitioner on 14.06.2022. Challenging the same, the petitioner has filed the present writ petition.
3. The learned counsel for the petitioner would submit that the writ petitioner has completed 12th standard and has registered his educational qualifications through employment exchange. On 20.11.2020, the second respondent has issued an advertisement in Tamil News Paper stating that there are vacancies for the post of Cook under the respondent Department. The petitioner had applied for the post of cook along with necessary documents and his application was accepted and he also participated in the interview scheduled to be held on 29.12.2020 and based on his performance, 3/9 https://www.mhc.tn.gov.in/judis W.P.No.15726 of 2022 the second respondent has issued an order of appointment to the petitioner on 24.02.2021 and thereafter, he joined the said post and there are no adverse remarks against the petitioner during his working period. Thereafter, he was shocked to receive the termination order from the second respondent, though he has been working for the past one year and four months and receiving the salary.
4. The primary contention of the learned counsel for the petitioner is that the respondent neither provided any opportunity to the petitioner nor conducted any enquiry before passing the termination order. Therefore, he would contend that the respondent has violated the principles of natural justice and hence, seeks to set aside the said termination order.
5. Per contra, Mr.T.Arunkumar, learned Additional Government Pleader for the respondents relied upon the order passed by the Madurai Bench of this Court in W.P.(MD).Nos.21246 of 2022 batch, dated 01.07.2022, wherein, on the similar issue, the respondent has cancelled the appointment order for the post of Cook on the ground that the said 4/9 https://www.mhc.tn.gov.in/judis W.P.No.15726 of 2022 appointment order is not in accordance with law and there are irregularities in the appointment. On the date of notification, the petitioner therein has not qualified for the said post. Further, based on the complaints received from the Students of the Hostels, the second respondent has issued impugned order wherein, the respective District Officers were directed to check the practical experience through the Institute of Hotel Management and Catering Technology, but before the letter to reach the respective District Officers within two days, on 27.11.2021, the subsequent order of cancelling the selection process was passed by the Director, who is also the Chairman of the State Level Selection Committee, who selected these petitioners after conducting the interview in the year 2020. It is useful to refer paragraph Nos.23 & 24 of the Judgment of the Madurai Bench of this Court, wherein it has been held as follows:
“23.It is a settled position that no candidate acquires an indefeasible right to a post merely because he has appeared in the examination or even found a place in the selection list. At the same time, it is not the prerogative of the State to refuse an appointment in an arbitrary fashion or to disregard the merit of the candidates as reflected by the merit list prepared at the end of the selection process. Needless to say that this cancellation would cast a stigma on the selected candidates in their career forever. Since the impugned 5/9 https://www.mhc.tn.gov.in/judis W.P.No.15726 of 2022 order of cancellation of the selection process was made without assigning proper reasons, the same is not sustainable.
24.For the foregoing reasonings and discussions, the order of cancellation passed by the Chairman, State Level Selection Committee, in No.B4/6988/2018, dated 27.11.2021 is hereby set aside. The respondents are directed to publish the entire results forthwith and proceed accordingly. At the same time, this Court is not loosing sight of the fact that the welfare of the students is paramount and there cannot be any compromise in the quality of food provided to the students of the Hostels. Therefore, the respondents are at liberty to assess the individual competence/capacity of the selected Cooks, as directed by the Chairman in the proceedings dated 25.11.2021 and take a just decision a fresh, individually and independently, after providing an opportunity to the selected candidates. It is open to the respondents to explore the possibility of providing adequate training to the already selected candidates.”
6. The learned Additional Government Pleader appearing for the respondents also contended that the petitioner is an over qualified person at the time of the appointment and therefore, on the said ground, the respondent department has passed an order by cancelling the said appointment order.
7. Heard the learned counsel appearing for the petitioner and the 6/9 https://www.mhc.tn.gov.in/judis W.P.No.15726 of 2022 respondents and perused the materials available on record.
8. On carefully considered the rival submissions and on reading the impugned order, the respondent has relied upon the reference of the communication of the department and also has passed an order saying that the petitioner is over qualified for the said post. It is clear from the said order that the respondent has not provided opportunity to the petitioner and therefore the impugned cancellation order for the post of cook passed by the respondent is in violation of principles of natural justice. The respondents have also not filed any counter affidavit.
9. In the above facts and circumstances of the case and taking into consideration that there is a violation of principles of natural justice. It is informed by the learned Additional Government Pleader appearing for the respondents that as of now the respondents have not chosen to file any appeal.
10. In the light of the above, this Court is inclined to set aside the said 7/9 https://www.mhc.tn.gov.in/judis W.P.No.15726 of 2022 impugned order passed by the second respondent and consequently, the impugned order is quashed. The Writ petition stands allowed with liberty to the respondents, proceed afresh in accordance with law. No costs. Consequently, the miscellaneous petitions are also closed.
04.08.2022 (1/3) Index : Yes/No Internet : Yes/No ssi Note: Issue order copy on 10.08.2022.
To
1.The Commissioner, Adi Dravidar and Tribal Welfare Department, Ezhilagam Annex Building, 1st Floor, Chepauk, Chennai – 600 005.
2.The District Collector, District Collector Office, Thiruvarur.
3.The District Adi Dravidar and Tribal Welfare Officer, Adi Dravidar and Tribal Welfare Office, Master Plan Complex, Nagapattinam Road, Thiruvarur – 610 004.
D.KRISHNAKUMAR,J.
8/9 https://www.mhc.tn.gov.in/judis W.P.No.15726 of 2022 ssi W.P.No.15726 of 2022 and W.M.P.Nos.14987 & 14990 of 2022 04.08.2022 (1/3) 9/9 https://www.mhc.tn.gov.in/judis