Madras High Court
P.Karuppasamy vs The Director on 9 November, 2021
W.P.(MD)No.3528 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.11.2021
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.(MD)No.3528 of 2018
and
W.M.P.(MD)No.3665 of 2018
P.Karuppasamy ...Petitioner
/Vs./
1.The Director,
Department of Tourism - Tamil Nadu,
No.2, Wallajah Road,
Tourism Complex, Chennai - 600 002.
2.The Deputy Director,
Department of Tourism - Tamil Nadu,
No.2 Wallajah Road,
Tourism Complex, Chennai - 600 002.
3.The Commissioner,
Department of Tourism - Tamilnadu,
No.2 Wallajah Road,
Tourism Complex, Chennai - 600 002.
4.The Regional Manager,
Tamilnadu Tourism Development Corporation,
Hotal Tamil Nadu Complex,
Madurai. ...Respondents
1/6
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.3528 of 2018
PRAYER:- Writ Petition - filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Mandamus, directing the
Respondent No.1 to give preference to petitioner in recruitment, and
relaxation in the maximum age limit as per Rule 50 of Tamil Nadu State
and Subordinate Service Rules, for the appointment of Drivers against
the vacancies advertised in Na.Ka.No.3510/MaVaMe2/2012 dated
28.12.2017 on the file of the Respondent No.1 within the time stipulated
by this Court.
For Petitioner : Mr.T.Lajapathi Roy
For Respondents : Mr.K.S.Selvaganesan
Standing Counsel for State
ORDER
The petitioner has prayed for a Writ of Mandamus, directing
the first respondent ie., the Director, Department of Tourism, to accord
preference to the petitioner in recruitment by relaxing the maximum age
limit, as per Rule 50 of the Tamil Nadu State and Subordinate Service
Rules against vacancies advertised on 28.12.2017.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.3528 of 2018
2.The second and third respondents ie., the Deputy Director
and the Commissioner, Department of Tourism, R2 and R3 respectively
have filed a common counter, wherein they state that they are unable to
accept the petitioner's plea, by reason of the Judgment of the Hon'ble
Supreme Court, in the case of Secretary to Government, School
Education Department Vs. V.Govindasamy [CDJ Law Journal 2014 SC
146].
3.The petitioner seeks to differentiate the same, but rather than
appreciating the distinction in this writ petition and seeing as the
petitioner has made representations before the respondents dated
20.01.2018 and 24.01.2018, which are admittedly pending before the
third respondent, I believe it would suffice that a direction is issued to R3
to dispose the aforesaid representations of the petitioner, after hearing the
petitioner and in accordance with law, within a period of eight weeks
from the date of uploading of this order in the official website of this
Court. This order is ofcourse subject to there being vacancies as on date
for the post, to which appointment is sought.
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W.P.(MD)No.3528 of 2018
4.This Writ Petition is disposed of. No costs. Consequently,
connected Miscellaneous Petition is closed.
09.11.2021
Index :Yes/No
sm
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.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.3528 of 2018
To
1.The Director,
Department of Tourism - Tamil Nadu,
No.2, Wallajah Road,
Tourism Complex, Chennai - 600 002.
2.The Deputy Director,
Department of Tourism - Tamil Nadu,
No.2 Wallajah Road,
Tourism Complex, Chennai - 600 002.
3.The Commissioner,
Department of Tourism - Tamilnadu,
No.2 Wallajah Road,
Tourism Complex, Chennai - 600 002.
4.The Regional Manager,
Tamilnadu Tourism Development Corporation,
Hotal Tamil Nadu Complex,
Madurai.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.3528 of 2018
DR.ANITA SUMANTH, J.
sm
Order made in
W.P.(MD)No.3528 of 2018
Dated:
09.11.2021
https://www.mhc.tn.gov.in/judis/
