Madras High Court
The Tamil Nadu Generation And vs K. Mayilazhagan on 27 June, 2025
Author: R.Subramanian
Bench: R. Subramanian
W.A.No.1920 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27/6/2025
THE HONOURABLE Mr JUSTICE R. SUBRAMANIAN
AND
THE HONOURABLE Mr.JUSTICE K. SURENDER
Writ Appeal No.1920 of 2025
and
C.M.P.No.14624 of 2025
1. The Tamil Nadu Generation and
Distribution Corporation Limited
rep. By its Secretary
144 Anna Salai
Chennai 600 002.
2. The Chief Engineer/Personnel
The Tamil Nadu Generation and
Distribution Corporation Limited
144 Anna Salai
Chennai 600 002. ... Appellants
Vs
1. K. Mayilazhagan
2. The Sub Collector
Tirupathur
Vellore District.
3. J. Jayakanthan
C/o. Tamil Nadu Generation and
Distribution Corporation Limited
rep. By its Secretary
No.144 Anna Salai
Chennai 600 002. ... Respondents
1/6
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W.A.No.1920 of 2025
Appeal filed under Clause XV of the Letters Patent to call for the
records relating to the order dated 6/11/2023 made in W.P.No.5430 of 2019,
set aside the same and consequently, dismiss the writ petition.
For appellants ... Mr.K.Rajkumar
For respondent ... Mr.K.N.Pandian
for R.1
Mr.T.Chandrasekaran
Special Government Pleader
for R.2.
------
JUDGMENT
(Judgment of the Court was made by the Hon'ble R.Subramanian J)
The candidature of the first respondent for the post of Technical
Assistant under the priority quota of land losers was unjustly rejected by the
appellants, leading to the filing of the writ petition.
2. Admittedly, G.O.Ms.No.188, dated 28th December 1976, provides
for priority for persons whose lands have been acquired by the Government
for public purpose. It is not in dispute that the land belonging to the first
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respondent's father was acquired for the purposes of providing free house
sites to the Adi Dravidars and a certificate to that effect was issued by the
Sub-Collector, Tiruppur, on 1/3/2017. This certificate was produced by the
first respondent when he appeared for certificate verification on 14/2/2019.
However, another certificate dated 15/2/2019 was also produced
subsequently, stating that the first respondent and others are the heirs of the
land owner, Kanagesan. Claiming that second certificate was furnished
beyond the cut off date, the appellants refused appointment leading to the
writ petition. The writ Court held that even if the certificate has been
produced after the cut off date, the first respondent would be entitled to the
job under the priority quota.
3. Mr.K.Rajkumar, learned counsel appearing for the appellants,
would vehemently contend that if the certificates produced after the cut off
date are directed to be entertained, that would be opening flood gates and
several claims which have been rejected will have to be resurrected on the
basis of the order of the writ Court.
4. No doubt, the appellants are entitled to insist on production of
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certificates and if proper certificates are produced before the cut off date, the
appellants would be bound to consider the candidates under the priority
quota. Even without going into the validity or otherwise of the second
certificate issued in February 2019, we find that the appellants' action in
rejecting the candidature of the first respondent is illegal.
5. G.O.Ms.No.188 very specifically states that members of the family,
whose lands have been acquired for Government purposes as well as for
projects of different undertakings, which have sought for such lands, they
would be entitled for priority in appointment. Fortunately, the appellants are
not disputing the paternity of the first respondent. The fact is that, the
certificate has been issued in the name of Kanagesan, who is the father of the
first respondent, in February 2017. Once that much is admitted, then the
first respondent would be entitled to priority even on the basis of the
certificate issued in February 2017. Therefore, even if the certificate that has
been issued subsequently after the cut off date is not accepted, the first
respondent would be entitled to a job under the priority quota. Hence, we
confirm the order of the learned Single Judge, though on different grounds
and the direction to accept the certificate beyond the cut off date alone is
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deleted. However there will be a direction to the appellants to accommodate
the first respondent in the job on the basis of the certificate issued in
February 2017. We are also informed that the first respondent has already
been employed.
6. This Writ Appeal is disposed of with the above observations. No
costs. Consequently, connected Miscellaneous Petition is closed.
(R.SUBRAMANIAN, J) (K.SURENDER, J)
27th June, 2025
mvs.
Index: Yes/No
Neutral Citation: Yes/No
To
1. The Sub Collector
Tirupathur
Vellore District.
R.SUBRAMANIAN,J
AND
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K.SURENDER, J
mvs.
27/6/2025
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