Madras High Court
A.Velankanni vs The District Employment Officer on 4 January, 2021
W.A.(MD)No.1202 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.01.2021
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1202 of 2020
A.Velankanni ... Appellant/Writ Petitioner
Vs.
1.The District Employment Officer,
Thoothukudi District,
Thoothukudi.
2.The Directorate of Employment and Training,
Government of Tamil Nadu,
Guindy, Chennai – 600 032.
3.The Secretary,
Department of Employment and Training,
Government of Tamil Nadu,
Fort St. George, Chennai.
4.The Principal Secretary to Government,
Personnel and Administrative Reforms Department,
Fort St. George, Chennai. ... Respondents/Respondents
Prayer : Appeal filed under Clause 15 of the Letters Patent Act to set aside the
order passed by this Court in W.P.(MD)No.2547 of 2014, dated 15.10.2020.
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W.A.(MD)No.1202 of 2020
For Appellant : Mr.I.Robert Chandrakumar
For Respondents : Mrs.J.Padmavathi Devi
Special Government Pleader
*****
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
This appeal has been preferred by the appellant seeking a Writ of
Mandamus forbearing the respondents from appointing any person to the post
of Junior Training Officer [Electrician] without having the basic qualification of
experience registered with the District Employment Exchange Officer under
NCO Code No.85190.
2.The appellant is one among the candidates seeking appointment to
the post of Junior Training Officer in the year 2014. The Joint Director
[Craftsmen Training] Directorate of Employment and Training, Chennai,
notified three vacancies. The qualification prescribed was 10th Standard Pass
and NTC with three years industrial experience / 10th Standard and NAC Pass
with two years industrial experience in the Trade of Electrician. All the three
vacancies were earmarked for Women and therefore, the appellant being a male,
did not have any chance for consideration.
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W.A.(MD)No.1202 of 2020
3.Now, the sum and substance of the grievance of the appellant is
that, the concerned Government Order viz., G.O.(Ms)No.156, Labour and
Employment (P2) Department, dated 28.09.2015, stipulates that for direct
recruitment of Junior Training Officer in the Government Training Institute, the
qualification is 10th Standard Pass and NTC with three years industrial
experience. Similarly, the other qualification is 10th Standard and NAC Pass
with two years industrial experience. Therefore, a person without industrial
experience cannot be considered for the said post.
4.The learned Single Judge dismissed the Writ Petition by holding
that the appellant after a period of six years, cannot have a grievance at this
point of time and in any case, the respondents will have to appoint the
candidates strictly in accordance with the rules in force.
5.The learned counsel appearing for the appellant submitted that the
persons without qualification are being appointed.
6.We are not dealing with the Public Interest Litigation, as it
obviously not maintainable in a service matter. The appellant has not
challenged any such appointment nor he is entitled for the same, as three
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W.A.(MD)No.1202 of 2020
vacancies notified at the relevant point of time were reserved only for Women.
The learned Single Judge himself has stated that the respondents shall follow
the rules. Thus, the grievance of the appellant with respect to non-following of
the rule would get satisfied by the order of the learned Single Judge himself.
7.In such view of the matter, we do not find any error in the order
passed by the learned Single Judge warranting interference by this Court.
However, we make it clear that the order of the learned Single Judge, which
mandates the appointing authorities to make sure the qualifications are
complied with as to the existing rules, shall be followed in letter and spirit.
8.Accordingly, this Writ Appeal is dismissed. No costs.
Index :Yes/No [M.M.S.J.,] [S.A.I.J.,]
Internet :Yes/No 04.01.2021
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Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
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W.A.(MD)No.1202 of 2020
To
1.The District Employment Officer,
Thoothukudi District,
Thoothukudi.
2.The Directorate of Employment and Training,
Government of Tamil Nadu,
Guindy, Chennai – 600 032.
3.The Secretary,
Department of Employment and Training,
Government of Tamil Nadu,
Fort St. George, Chennai.
4.The Principal Secretary to Government,
Personnel and Administrative Reforms Department,
Fort St. George, Chennai.
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W.A.(MD)No.1202 of 2020
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
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W.A.(MD)No.1202 of 2020
04.01.2021
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