Madras High Court
Manikandan vs The Commissioner on 4 August, 2022
W.P.No.15726 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2022
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.15726 of 2022
and
W.M.P.Nos.14987 & 14990 of 2022
Manikandan ... Petitioner
vs.
The State rep by,
1.The Commissioner,
Adi Dravidar and Tribal Welfare Department,
Ezhilagam Annex Building, 1st Floor,
Chepauk, Chennai – 600 005.
2.The District Collector,
District Collector Office,
Thiruvarur.
3.The District Adi Dravidar and Tribal Welfare Officer,
Adi Dravidar and Tribal Welfare Office,
Master Plan Complex, Nagapattinam Road,
Thiruvarur – 610 004. ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India
praying to issue a writ of Certiorarified Mandamus calling for records
pertaining to the order passed by the 2nd respondent bearing
Na.Ka.No.7660/2020/K4, dt.30.05.2022 which was served to the petitioner
on 14.06.2022 and to quash the same as illegal and consequently direct the
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W.P.No.15726 of 2022
respondents to regularize the petitioner's service as a cook with full back
wages, seniority, promotion and all other consequential benefits attached to
the said post in Government boys' hostel (Adi Dravidar Welfare), Kudavasal.
For Petitioner : Mr.N.G.R.Prasad
For Mr.R.Thirumoorthy
For Respondents : Mr.T.Arunkumar,
Additional Govt.Pleader
ORDER
This writ petition has been filed by the petitioner to call for records
pertaining to the order passed by the 2nd respondent bearing
Na.Ka.No.7660/2020/K4, dt.30.05.2022 which was served to the petitioner
on 14.06.2022 and to quash the same as illegal and consequently direct the
respondents to regularize the petitioner's service as a cook with full back
wages, seniority, promotion and all other consequential benefits attached to
the said post in Government boys' hostel (Adi Dravidar Welfare), Kudavasal.
2. The brief facts of the case:
The petitioner was appointed as a Cook in Government boys' hostel
(Adi Dravidar Welfare), Kudavasal, by the second respondent vide
proceedings in Na.Ka.En.7660/2020/K4 and no adverse remarks were raised
against him in his service. Such being the position, suddenly, the second
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W.P.No.15726 of 2022
respondent has issued a termination order dated 30.05.2022, without issuing
pre-notice or conducting any enquiry in that regard and the said termination
order was served to the petitioner on 14.06.2022. Challenging the same, the
petitioner has filed the present writ petition.
3. The learned counsel for the petitioner would submit that the writ
petitioner has completed 12th standard and has registered his educational
qualifications through employment exchange. On 20.11.2020, the second
respondent has issued an advertisement in Tamil News Paper stating that
there are vacancies for the post of Cook under the respondent Department.
The petitioner had applied for the post of cook along with necessary
documents and his application was accepted and he also participated in the
interview scheduled to be held on 29.12.2020 and based on his performance,
the second respondent has issued an order of appointment to the petitioner
on 24.02.2021 and thereafter, he joined the said post and there are no
adverse remarks against the petitioner during his working period. Thereafter,
he was shocked to receive the termination order from the second respondent,
though he has been working for the past one year and four months and
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W.P.No.15726 of 2022
receiving the salary.
4. The primary contention of the learned counsel for the petitioner is
that the respondent neither provided any opportunity to the petitioner nor
conducted any enquiry before passing the termination order. Therefore, he
would contend that the respondent has violated the principles of natural
justice and hence, seeks to set aside the said termination order.
5. Per contra, Mr.T.Arunkumar, learned Additional Government
Pleader for the respondents relied upon the order passed by the Madurai
Bench of this Court in W.P.(MD).Nos.21246 of 2022 batch, dated
01.07.2022, wherein, on the similar issue, the respondent has cancelled the
appointment order for the post of Cook on the ground that the said
appointment order is not in accordance with law and there are irregularities
in the appointment. On the date of notification, the petitioner therein has not
qualified for the said post. Further, based on the complaints received from
the Students of the Hostels, the second respondent has issued impugned
order wherein, the respective District Officers were directed to check the
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W.P.No.15726 of 2022
practical experience through the Institute of Hotel Management and Catering
Technology, but before the letter to reach the respective District Officers
within two days, on 27.11.2021, the subsequent order of cancelling the
selection process was passed by the Director, who is also the Chairman of
the State Level Selection Committee, who selected these petitioners after
conducting the interview in the year 2020. It is useful to refer paragraph
Nos.23 & 24 of the Judgment of the Madurai Bench of this Court, wherein
it has been held as follows:
“23.It is a settled position that no candidate acquires
an indefeasible right to a post merely because he has
appeared in the examination or even found a place in
the selection list. At the same time, it is not the
prerogative of the State to refuse an appointment in an
arbitrary fashion or to disregard the merit of the
candidates as reflected by the merit list prepared at
the end of the selection process. Needless to say that
this cancellation would cast a stigma on the selected
candidates in their career forever. Since the impugned
order of cancellation of the selection process was
made without assigning proper reasons, the same is
not sustainable.
24.For the foregoing reasonings and
discussions, the order of cancellation passed by the
Chairman, State Level Selection Committee, in
No.B4/6988/2018, dated 27.11.2021 is hereby set
aside. The respondents are directed to publish the
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W.P.No.15726 of 2022
entire results forthwith and proceed accordingly. At
the same time, this Court is not loosing sight of the fact
that the welfare of the students is paramount and there
cannot be any compromise in the quality of food
provided to the students of the Hostels. Therefore, the
respondents are at liberty to assess the individual
competence/capacity of the selected Cooks, as directed
by the Chairman in the proceedings dated 25.11.2021
and take a just decision a fresh, individually and
independently, after providing an opportunity to the
selected candidates. It is open to the respondents to
explore the possibility of providing adequate training
to the already selected candidates.”
6. The learned Additional Government Pleader appearing for the
respondents also contended that the petitioner is an over qualified person at
the time of the appointment and therefore, on the said ground, the
respondent department has passed an order by cancelling the said
appointment order.
7. Heard the learned counsel appearing for the petitioner and the
respondents and perused the materials available on record.
8. On carefully considered the rival submissions and on reading the
impugned order, the respondent has relied upon the reference of the
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W.P.No.15726 of 2022
communication of the department and also has passed an order saying that
the petitioner is over qualified for the said post. It is clear from the said
order that the respondent has not provided opportunity to the petitioner and
therefore the impugned cancellation order for the post of cook passed by the
respondent is in violation of principles of natural justice. The respondents
have also not filed any counter affidavit.
9. In the above facts and circumstances of the case and taking into
consideration that there is a violation of principles of natural justice. It is
informed by the learned Additional Government Pleader appearing for the
respondents that as of now the respondents have not chosen to file any
appeal.
10. In the light of the above, this Court is inclined to set aside the said
impugned order passed by the second respondent and consequently, the
impugned order is quashed. The Writ petition stands allowed with liberty to
the respondents, proceed afresh in accordance with law. No costs.
Consequently, the miscellaneous petitions are also closed.
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W.P.No.15726 of 2022
04.08.2022
(1/3)
Index : Yes/No
Internet : Yes/No
ssi
Note: Issue order copy on 10.08.2022.
To
1.The Commissioner,
Adi Dravidar and Tribal Welfare Department,
Ezhilagam Annex Building, 1st Floor,
Chepauk, Chennai – 600 005.
2.The District Collector,
District Collector Office,
Thiruvarur.
3.The District Adi Dravidar and Tribal Welfare Officer,
Adi Dravidar and Tribal Welfare Office,
Master Plan Complex, Nagapattinam Road,
Thiruvarur – 610 004.
D.KRISHNAKUMAR,J.
ssi
https://www.mhc.tn.gov.in/judis
W.P.No.15726 of 2022
W.P.No.15726 of 2022 and
W.M.P.Nos.14987 & 14990 of 2022
04.08.2022
(1/3)
https://www.mhc.tn.gov.in/judis
