1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD).No.2459 of 2011 M.Sarammal : Petitioner Vs. 1.The State of Tamil Nadu, Represented by its Secretary to Government, Home (Courts) Department, Secretariat, Chennai. 2.The Principal District Judge, Office of the Principal District Court, Theni, Theni District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent herein to consider for re-appointment of the petitioner in the post of Junior Assistant or Reader Examiner or any suitable post at his discretion in accordance with law. For Petitioner : Mr.A.Saravanan For Respondent 1 : Mr.R.Janakiramalu Special Government Pleader For Respondent 2 : Mr.D.Venkatesh O R D E R [Order of the Court was made BY N.PAUL VASANTHAKUMAR, J] Mr.R.Janakiramalu, learned Special Government Pleader, takes notice on behalf of the first respondent. Mr.D.Venkatesh, learned counsel, takes notice on behalf of the second respondent. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. The prayer in the Writ Petition is for issuing a Writ of Mandamus directing the second respondent herein to consider the petitioner for re-appointment in the post of Junior Assistant or Reader/Examiner or any suitable post. 3. The case of the petitioner is that she belongs to Muslim Lebbai Community, which is a backward class community. She has completed Plus Two and registered the same in the District https://hcservices.ecourts.gov.in/hcservices/ 2 Employment Exchange on 19.06.1991. She was appointed as a Junior Assistant under the second respondent with effect from 02.02.2009. However, the second respondent, by his proceedings dated 05.08.2009, terminated the services of the petitioner on the ground that the candidates selected by the Tamil Nadu Public Service Commission joined duty. The petitioner made a representation on 05.08.2009 before the second respondent requesting him to consider her case for re-appointment. Subsequently, the second respondent, by his proceedings dated 09.11.2009, re - appointed the petitioner as Junior Assistant. Pursuant to the said order dated 09.11.2009, the petitioner was allowed to work for a period of two years, and thereafter, again the service of the petitioner was ousted. Under such circumstances, the petitioner has come up with the present Writ Petition seeking a direction to the second respondent to consider her claim for re-appointment to the post of Junior Assistant or Reader/Examiner. 4. Admittedly, the petitioner was appointed on temporary basis and though she was sponsored by the Employment Exchange, it will not give any right or she cannot claim any vested right to claim employment. However, if there are vacancies available, there cannot be any impediment for the second respondent to consider the claim of the petitioner. 5. In view of the above, the Writ Petition is disposed of with a direction to the second respondent to consider the claim of the petitioner for re – appointment and pass appropriate orders on merits and in accordance with law. No costs. Sd/- Deputy Registrar(Accounts) /True Copy/ Assistant Registrar To 1.The Secretary to Government, State of Tamil Nadu, Home (Courts) Department, Secretariat, Chennai. 2.The Principal District Judge, Office of the Principal District Court, Theni, Theni District. +1cc to Mr.D.Venkatesh Advocate, Sr.No.10871 +one cc to Special Government Pleader, Sr.No. 11454 ORDER MADE IN W.P.(MD).No.2459 of 2011 02.03.2011 NB SMA/25.03.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/