Madras High Court
R.Suresh vs The Chairman on 15 June, 2021
W.A.(MD)No.405 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.405 of 2019
and
C.M.P.(MD)No.3475 of 2021
R.Suresh : Appellant
Vs.
1.The Chairman,
Indian Space Research Organization,
Govt. of India Department of Space,
Antariksh Bhavan, New BEL Road,
Bangalore – 560 231.
2.The Administrative Officer (Recruitment),
Liquid Propulsion System Centre,
(Presently ISRO Propulsion Complex),
Mahendragiri – 627 133.
Tirunelveli District.
3.The Controller,
Liquid Propulsion System Centre,
Valiamala P.O.,
Thiruvananthapuram – 695 547.
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W.A.(MD)No.405 of 2019
4.The Administrative Officer (Recruitment),
Liquid Propulsion System Centre,
Valiamala P.O.,
Thiruvananthapuram – 695 547.
5.Mamindla Sathish : Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the order dated 01.02.2019, in W.P.(MD)No.17424 of
2014 and allow the Writ Petition.
For Appellant : Mr.M.Jerin Mathew
For Respondents 1 to 4 : Mr.E.T.Rajendran
For Respondent No.5 : Mr.S.Balaji
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.M.Jerin Mathew, learned Counsel appearing
for the appellant, Mr.E.T.Rajendran, learned Counsel appearing for
respondents 1 to 4 and Mr.S.Balaji, learned Counsel appearing for the
fifth respondent.
2.This Writ Appeal by the writ petitioner is directed against the
order dated 01.02.2019, in W.P.(MD)No.17424 of 2014.
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W.A.(MD)No.405 of 2019
3.The said writ petition was filed praying for issuance of Writ of
Certiorarified Mandamus, to quash the order passed by the third
respondent dated 27.03.2014 and for a consequential direction to the
fourth respondent to consider the petitioner for appointment to the post
of Technical Assistant (Civil), under priority category of member of a
family displaced on account of acquisition of land for the purpose of
forming the Liquid Propulsion System Centre in Tirunelveli District.
4.Before the learned Writ Court, it appears that arguments were
advanced based upon the judgment of the Hon'ble Division Bench in
W.A.Nos.2736 and 2737 of 2001. The learned Single Bench rightly
noticed that the Hon'ble Supreme Court has held that the said judgment
cannot be treated as a precedent. However, the question is whether the
appellant had the right to seek for priority in the matter of grant of
employment, merely on the ground that he is a person who has lost his
land in the land acquisition proceedings for the project of the second
respondent. The respondent department had clearly stated that the lands
were secured as early as in 1980's, through the Government of Tamil
Nadu and suitable compensation from the funds of the Department of
Space has been paid and that the department has no direct contact with
the land owners and no assurance was given to any of them, including the
State Government authorities, to provide employment to the displaced
persons.
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W.A.(MD)No.405 of 2019
5.Further, the allegation made by the appellant that the
respondents have appointed several persons whose lands were secured
was denied as false. That apart, the delay in filing such a representation
was also held against the appellant. Further more, it was pointed out that
fulfillment of qualification prescribed for the particular post has to be
fulfilled and unless and until the recruitment is conducted, no
appointment can be made. The reasons assigned by the respondent
department is perfectly valid and the learned Single Bench rightly
rejected the prayer sought for in the Writ Petition. Thus, we find no good
grounds to interfere with the order passed by the learned Writ Court.
6.Accordingly, the Writ Appeal stands dismissed. However, there
shall be no order as to costs. Consequently, the connected Miscellaneous
Petition is closed.
[T.S.S., J.] & [S.A.I., J.]
15.06.2021
Index : Yes / No
Internet : Yes / No
MR
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.405 of 2019
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
MR
JUDGMENT MADE IN
W.A.(MD)No.405 of 2019
15.06.2021
https://www.mhc.tn.gov.in/judis/
