1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)No.5690 of 2011 and M.P(MD)No.1 of 2011 A.Xavier Jerome .. Petitioner Vs. 1.The District Employment Officer, Tirunelveli District, Tirunelveli-9. 2.The Member-Secretary, Teachers Recruitment Board, E.V.K.Sampath Maaligai, College Road, Chennai-6. 3.The Director of Elementary Education, College Road, Chennai-6. .. Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the first respondent to permit the petitioner to renew his Employment Registration No.1110/ 1992, from February 2010, and consequentially directing the second respondent to appoint the petitioner in any of the existing vacancies in the post of Graduate Teacher within the time limit fixed by this Court. For Petitioner : Mr.C.Dhanaseelan For Respondents : Mr.Aayiram K.Selvakumar, Government Advocate O R D E R The petitioner has come up with the above writ petition seeking a direction to the first respondent to renew his Employment Exchange registration. 2. Heard Mr.C.Dhanaseelan, the learned counsel for the petitioner and Mr.Aayiram K.Selvakumar, the learned Government Advocate for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The petitioner is a graduate in Zoology and he also holds a degree in education. He got his name registered in the Office of the District Employment Officer, Tirunelveli in the year 1992. The Registration Number is 1110/1992. The petitioner got his registration renewed up to February 2010. 4. He was sponsored for recruitment to the post of B.T. Assistant in the year 2008 and he was allotted to the Panchayat Union Middle School. But the petitioner did not join duty, for personal reasons. 5. When his Employment Exchange registration expired, in February 2010, the petitioner made an attempt to get it renewed. But the application for renewal was rejected on the ground that the petitioner had already been sponsored for appointment to the post of B.T. Assistant. Aggrieved by the said order, the petitioner is before this Court. 6. The first respondent himself, had sent a communication dated 30.03.2011 calling upon the petitioner to produce proof to show that he had not joined duty in pursuance of the allotment order issued in the year 2008. Therefore, the petitioner had furnished proof in the form of a letter issued by the school to which he was allotted. Even then, the respondents have not considered the request of the petitioner for renewal. Therefore, the grievance of the petitioner appears to be justified. 7. In the counter filed by the first respondent, it is contended that as per G.O.Ms.No.721, Labour and Employment Department, dated 25.05.1990, the candidates who got appointment, but who did not join duty, must report the fact to the Employment Office within a month. A grace time of two months is also granted. 8. There is no doubt that the petitioner filed the application for renewal of registration within the grace time. This is why the first respondent himself issued a communication dated 30.03.2011 calling upon the petitioner to produce proof for not having joined duty. Therefore, the first respondent ought to have followed G.O.Ms.No.721, Labour and Employment Department, dated 25.05.1990, which is relied upon by the first respondent himself. 9. In the penultimate paragraph of the counter affidavit, it is admitted very clearly by the first respondent that the application for renewal was filed on 18.03.2010 and that the grace period for filing the application expired only in April 2010. Therefore, it is very clear that the respondents failed to follow the procedure prescribed by the very Government Order that they relied upon. The petitioner has produced proof to show that he did not join duty in pursuance of the sponsorship made in 2008. Therefore, the case of the petitioner deserves consideration. https://hcservices.ecourts.gov.in/hcservices/ 3 10. In view of the above, the writ petition is allowed. The first respondent is directed to renew the Employment Exchange registration of the petitioner with effect from the date of its expiry in February 2010 and grant whatever consequential benefits he may be entitled to, to the extent that they are feasible of compliance. Consequently, M.P.(MD)No.1 of 2011 is closed. No costs. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1.The District Employment Officer, Tirunelveli District, Tirunelveli-9. 2.The Member-Secretary, Teachers Recruitment Board, E.V.K.Sampath Maaligai, College Road, Chennai-6. 3.The Director of Elementary Education, College Road, Chennai-6. +1 CC to Special Government Pleader (SR.No.37118) +1 CC to Mr.C.Dhanaseelan, Advocate (SR.No.36914) W.P.(MD)No.5690 of 2011 and M.P(MD)No.1 of 2011 28.10.2011 KM NSV/8.11.11/3P/6C https://hcservices.ecourts.gov.in/hcservices/