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M.Muthu Raman vs The Secretary To Government
2023 Latest Caselaw 8815 Mad

Citation : 2023 Latest Caselaw 8815 Mad
Judgement Date : 21 July, 2023

Madras High Court
M.Muthu Raman vs The Secretary To Government on 21 July, 2023
                                                                        W.P(MD)No.14304 of 2012


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 21.07.2023

                                                  CORAM:

                                  THE HONOURABLE MR.JUSTICE S.S.SUNDAR
                                                 AND
                      THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                           W.P(MD)No.14304 of 2012
                                                   and
                                            M.P(MD)No.2 of 2012


                     1.M.Muthu Raman

                     2.T.Ramesh Kumar

                     3.S.Ayyappan

                     4.R.Murugesan

                     5.P.Ramraj

                     6.I.Pounraj                                     ... Petitioners


                                                      Vs.


                     1.The Secretary to Government,
                         Transport,
                         St.George Fort,
                         Chennai.


                     1/6
https://www.mhc.tn.gov.in/judis
                                                                           W.P(MD)No.14304 of 2012




                     2.The District Employment Officer,
                        O/o the District Employment Exchange,
                        Theni.


                     3.The Managing Director,
                        Tamil Nadu State Transport Corporation Ltd.,
                        Bye Pass Road,
                        Madurai - 10.                                   ... Respondents




                     PRAYER: Writ Petition filed under Article 226 of the Constitution of

                     India, praying this Court to issue a Writ of Mandamus to direct the first

                     respondent to provide the 5 years age relaxation to the petitioners based

                     on the G.O.No.98 dated 17.07.2006 and permit to participate interview

                     conducted by the third Respondent for the post of Mechanical and Auto

                     Electrician based on the representation, dated 20.08.2012.


                                  For Petitioner          :Mr.M.Jothiramalingam

                                  For Respondents          :Mr.M.Lingadurai - for R1 & R2
                                                          Special Government Pleader




                     2/6
https://www.mhc.tn.gov.in/judis
                                                                             W.P(MD)No.14304 of 2012


                                                      ORDER

(Order of the Court was made by D.BHARATHA CHAKRAVARTHY)

The Writ Petition is filed praying for a direction to the first

respondent to provide five years of age relaxation to the petitioners based

on G.O.Ms.No.98 dated 17.07.2006 and permit the petitioners to

participate in the interview conducted by the third respondent for the post

of Mechanical and Auto Electrician based on the representation, dated

20.08.2012.

2. It is the case of the Petitioners that they got the

qualification of Auto Electrician and MMV license and they have also

completed the apprenticeship course in the first respondent, in the year

1997. Even though they were enrolled in the Employment Exchange,

their name was not sponsored even on a single occasion and therefore,

apart from the regular age, they are entitled to 5 years of age relaxation

as per G.O.Ms.No.98, dated 17.07.2006.

3. Even though the Writ Petition is filed in the year 2012,

when the petitioners were all aged about 38 years etc., now they are all

https://www.mhc.tn.gov.in/judis W.P(MD)No.14304 of 2012

around aged 50 years. This apart, it can be seen that the recruitment took

place in the year 2012. Therefore, even the 5 years period which is to be

granted from 17.07.2006 also expired by the year 2012.

4. The learned Special Government Pleader appearing on

behalf of the respondents 1 and 2 also relied upon the judgment of this

Court in W.A.(MD)No.819 of 2012 etc., batch, dated 16.10.2020,

thereunder, similar prayers have been rejected by this Court.

5. For all the above reasons, the Writ Petition fails and

accordingly, it is dismissed. No costs. Consequently, connected

Miscellaneous Petition is closed.

                                                         [S.S.S.R.,J.]     [D.B.C,J.]
                                                                    21.07.2023


                     Index:Yes/No
                     Internet:Yes/No
                     NCC:Yes/No

                     RM



https://www.mhc.tn.gov.in/judis W.P(MD)No.14304 of 2012

To

1.The Secretary to Government, Transport, St.George Fort, Chennai.

2.The District Employment Officer, O/o the District Employment Exchange, Theni.

3.The Managing Director, Tamil Nadu State Transport Corporation Ltd., Bye Pass Road, Madurai - 10.

https://www.mhc.tn.gov.in/judis W.P(MD)No.14304 of 2012

S.S.SUNDAR, J.

AND D.BHARATHA CHAKRAVARTHY,J.

RM

ORDER MADE IN W.P(MD)No.14304 of 2012

21.07.2023

https://www.mhc.tn.gov.in/judis

 
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