Madras High Court
K.Ayothi vs The Chief Secretary To on 11 March, 2021
Judgment dated 11.03.2021
in W.A.No.1330 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 11.03.2021
Coram:
THE HON'BLE MR.JUSTICE R.SUBBIAH
and
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
Writ Appeal No.1330 of 2019
K.Ayothi, S/o (late) Kuttaian .. Appellant
Vs.
1. The Chief Secretary to
Government of Tamil Nadu,
Public (Services-A) Department,
Fort St.George,
Chennai-600 009.
2. The Director,
Office of the Director of Health Services,
Thiruvannamalai.
3. The Deputy Director,
Office of Director of Health Services,
Thiruvannamalai. .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 01.08.2017 passed by the learned Single Judge, in W.P.No.5694 of
2017 on the file of this Court.
For appellant : Mr.P.R.Balasubramanian
For respondents : Mr.N.Srinivasan, Addl.G.P.
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Judgment dated 11.03.2021
in W.A.No.1330 of 2019
(The Judgment of the Court was delivered by R.Subbiah,J)
This Writ Appeal is filed as against the order of dismissal, dated
01.08.2017 passed by the learned Single Judge of this Court, in the Writ
Petition in W.P.No.5694 of 2017.
2. The said Writ Petition was filed for issuance of a Writ of
Mandamus to direct the respondents to appoint the appellant/writ petitioner to
the post of Multi-Speciality Hospital Mazdoor at Thiruvannamalai District, as
per the proceedings dated 12.01.2016 of the third respondent, within a time
frame that may be stipulated by this Court.
3. It is the case of the appellant/writ petitioner that he has registered
his name with the District Employment Officer, Thiruvannamalai. By
proceedings dated 09.09.2015, he was appointed as Dengu Mazdoor for the
periods - 2012, 2013 and 2014, for 20 villages. The petitioner belonged to
Hindu Angamudaiyur Community, which is classified as Backward Caste in
the State of Tamil Nadu. As per the averments made in the affidavit filed in
support of the Writ Petition, he is qualified with 8th Standard, which is the
basic qualification for the above said post. While he was working as such, by
proceedings, dated 01.02.2016, the appellant was directed to appear for
interview for the post of Multi-speciality Hospital Mazdoor. The appellant also
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attended the interview, but till the date of filing of the Writ Petition, he did not
receive any further communication from the respondents in that regard.
According to the appellant/writ petitioner, G.O.Ms.No.704, Public (Service-A)
Department, dated 15.04.1964 is applicable to him and based on the same he
ought to have been appointed to the post of Multi-speciality Hospital Mazdoor.
As the respondents did not consider the case of the appellant/writ petitioner
based on the said Government Order, he has filed the Writ Petition. The
learned single Judge dismissed the writ petition by holding that no preference
could be shown to the appellant/writ petitioner just because he moved the
Court under Article 226 of the Constitution of India. The learned Single Judge
also observed that equal opportunity to similarly placed persons is ALSO a
Constitutional requirement, in the matter of employment and the Courts should
not deprive the rights of other eligible citizens of this great Nation and that
unnecessary sympathy and leniency in the matter of public employment will
create inequity.
4. The learned counsel appearing for the appellant/writ petitioner
submitted that the learned Single Judge had not taken note of the fact that the
appellant/writ petitioner's percentage of disability is 70%, with which, he had
been working for more than five years as temporary employee. Further, the
appellant is in possession of requisite qualification for appointment to the post
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of Multi-speciality Hospital Mazdoor. When the respondents have called upon
the appellant to attend an interview, the respondents ought to have declared as
to whether the appellant is selected or not and the appellant is groping in the
dark about his appointment. When the appellant fulfils all the requirements for
appointment to the post, his candidature ought to have been accepted by the
respondents and therefore, he prayed for allowing this appeal.
5. According to the learned Additional Government Pleader
appearing for the respondents, though the appellant/writ petitioner relies on the
said G.O.Ms.No.704, Public (Services-A) Department, dated 15.04.1964, the
same is not applicable to the case of the appellant/petitioner, as it is specifically
applicable for physically handicapped like blind, deaf, orthopaedically
handicapped, etc. Hence, the appellant/writ petitioner could not place reliance
on the said Government Order to seek appointment to the post. Furthermore,
the appellant/writ petitioner is only a temporary employee and such
temporary employment will not confer him any right to get appointed to the
post of Multi Speciality Hospital Mazdoor.
6. Heard both sides and perused the materials available on record.
7. According to the learned counsel appearing for the appellant/writ
petitioner, the appellant/writ petitioner is 70% disabled and therefore, GO Ms.
No.704, Public (Services-A) Department dated 15.04.1964 is applicable to
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him. But this Court is of the view that the appellant/writ petitioner could not
be equated with other physically challenged persons, who are covered under
G.O.Ms.No.704, Public (Services-A) Department, dated 15.04.1964 as it is
applicable to those who are permanently disabled such as deaf, blind and
orthpadically disabled. The 70% disablement caused to the appellant will not
per se entitle the appellant to seek appointment to the post of Multi Speciality
Hospital Mazdoor on the basis of the aforesaid Government Order.
8. It is to be noted that the appellant is working as a temporary
employee as Denguee Mazdoor. The appellant has no locus-standi to claim
permanency in his employment. The appointment of the appellant is based on
administrative urgency and exigency and that cannot be a ground to appoint
him in the sanctioned/permanent post. It is well settled that appointment to a
public post cannot be sought as a matter of right and the Courts also cannot
issue any direction for appointment to a particular post. Above all, the
appellant place reliance on the Grama Sabha Resolution as well as the order
passed by the Block Development Officer to show that he is eligible for
permanent job. In our view, such a resolution passed by the Grama Sabha or
the recommendations made by the Block Development Officer will not confer
any right to the appellant to seek for appointment to the post of Multi
Speciality Hospital Mazdoor on a permanent basis. It depends on several
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factors such as availability of post, employment exchange seniority, age,
qualification etc., In any event, in the matter of public employment, no
Mandamus could be issued by this Court directing the respondents to appoint
the appellant to any permanent post. Thus, we do not find any ground to
interfere with the order under challenge, passed by the learned Single Judge.
9. In the light of the above, the Writ Appeal sans merit and there
being no compelling circumstances warranting interference in the order passed
by the learned Single Judge, the Writ Appeal is dismissed. No costs.
(R.P.S.J) (S.S.K.J)
11.03.2021
Index: Yes/no
Speaking Order: Yes
cs
To
1. The Chief Secretary to
Government of Tamil Nadu,
Public (Services-A) Department,
Fort St.George,
Chennai-600 009.
2. The Director,
Office of the Director of Health Services,
Thiruvannamalai.
3. The Deputy Director,
Office of Director of Health Services,
Thiruvannamalai.
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Judgment dated 11.03.2021
in W.A.No.1330 of 2019
R.SUBBIAH, J
and
SATHI KUMAR SUKUMARA KURUP, J
cs
Writ Appeal No.1330 of 2019
11.03.2021
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