Madras High Court
B.Ramesh vs Secretary To The Government (Home ... on 11 November, 2021
W.P.No.23922 of 2021
IN THE HIGH COURT OF JUD9ICATURE AT MADRAS
DATED: 11.11.2021
CORAM
THE HONOURABLE MR. JUSTICE V.PARTHIBAN
W.P. No.23922 of 2021
B.Ramesh
… Petitioner
Vs
1. Secretary to the Government (Home Department),
(Department of Fire Service), State of Tamil Nadu,
Fort St. George, Chennai.
2. The Director of Service, Fire Service,
Lakshmipathi Salai, Egmore,
Chennai – 8.
3. The Chairman,
Tamil Nadu Uniformed Services Recruitment Board,
Indira Nagar, Chennai – 20.
… Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying
for the issuance of Writ of Mandamus directing the respondents to give
alternative appointment to the petitioner considering the representation dated
15.03.2021.
For Petitioner : Mr.S.Saji Bino
For Respondents : Mr.G.Krishnaraja
Government Advocate
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W.P.No.23922 of 2021
ORDER
The case of the petitioner is that he appeared for physical test for
recruitment to the post of Constable in the Fire Service Department on
17.04.2000. When he was subjected to physical endurance test, the petitioner
had suffered an injury on his right leg and an FIR was also registered in Crime
No.176 of 2000 dated 17.04.2000 under Section 337 I.P.C. The petitioner
appeared to have obtained wound certificate on the following day, i.e.,
18.04.2000 from Thanjavur Medical College. According to the wound
certificate that the injury suffered by the petitioner was grievous in nature and
thus he suffered permanent disability.
2. According to the petitioner, he had been given I.D. Card declaring
him a disabled person and was in receipt of Rs.1000/- one time stipend
sanctioned by the Government due to COVID-19 situation. Being a disabled
person, suffered disability during the date of his selection, he had given a
representation on 24.02.2001 requesting alternate employment in the Fire
Service Department. Since there was no response forthcoming, he has given
further representation to the District Collector on 22.03.2004.
3. The petitioner, in the meanwhile, appeared to have also filed a Suit in
O.S.No.138 of 2003 before the Additional Sub-Court, Thanjavur seeking
compensation. According to the petitioner, the judgment in the aforesaid Suit
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W.P.No.23922 of 2021
dated 30.09.2004 recorded the fact of negligence on the part of the Fire Service
Department.
4. In the above circumstances, the petitioner claims to have submitted a
recent representation dated 15.03.2021 to re-consider his request for providing
him an alternate employment. As the representation has not evoked any
response, the petitioner is before this Court with the prayer for issuance of writ
of mandamus to direct the respondents to give alternate employment by
considering his representation dated 15.03.2021.
5. This Court is unable to appreciate as to how such a belated request of
the petitioner is maintainable before this Court. From the above factual
narrative, it may be seen that the petitioner participated in the selection as early
as April, 2000 and appeared to have been injured in the physical endurance
test. Thereafter, the petitioner appeared to have submitted some
representations seeking employment and the representation obviously not
evoked any response from the respondents.
6. There is no explanation at all in the affidavit filed in support of the
Writ Petition as to what the petitioner was doing for about 20 years and what
prompted him to suddenly come up with the recent representation dated
15.03.2021. It is needless to mention that the recent representation was given
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W.P.No.23922 of 2021
only to invoke the extraordinary remedy before this court for issuance of writ
of mandamus.
7. The claim by the petitioner at this distance of time is extremely stale
and cannot be entertained. It is obvious that the present Writ Petition has been
filed as a speculative litigation which ought not to be entertained at all. In any
event, even according to the petitioner, suit has been filed for compensation
and once compensation has been claimed against the Department, the question
of claiming any employment further may not arise in a different proceeding
before this Court.
8. On the whole, this Court finds that the Writ Petition is without any
merit and in the absence of any worthy averments or grounds, the Writ Petition
cannot be entertained by this Court.
9. In the above circumstances, this Writ Petition stands dismissed at the
admission stage. No costs.
11.11.2021
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Index:Yes/no
speaking/non-speaking order
https://www.mhc.tn.gov.in/judis
W.P.No.23922 of 2021
To
1. Secretary to the Government (Home Department),
(Department of Fire Service), State of Tamil Nadu,
Fort St. George, Chennai.
2. The Director of Service, Fire Service,
Lakshmipathi Salai, Egmore,
Chennai – 8.
3. The Chairman,
Tamil Nadu Uniformed Services Recruitment Board,
Indira Nagar, Chennai – 20.
https://www.mhc.tn.gov.in/judis
W.P.No.23922 of 2021
V. PARTHIBAN,J,
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W.P. No.23922 of 2021
11.11.2021
https://www.mhc.tn.gov.in/judis
