IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 30564 of 2008(L) -------------------------- PETITIONER(S): --------------- K.THANKAMANI, AGED 49, S/O.KUNJUKRISHNAN NADAR, VARUVILAKAM, PUTHENVEEDU, KONNANOORKONAM, KUNNATHUKAL, KARAKONAM PO., NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJKUMAR RESPONDENT(S): --------------- 1. EMPLOYMENT OFFICER, TOWN EMPLOYMENT, EXCHANGE, NEYYATTINKARA. 2. EMPLOYMENT DIRECTOR,VIKAS BHAVAN THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT OF KERALA,DEPARTMENT OF LABOUR SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO: 30564 of 2008 ----------------------------- Dated this 5th day of December, 2008 JUDGMENT Heard Sri.S.Raj Kumar, the learned counsel appearing for the petitioner and Smt.Anu Sivarman, the learned Government Pleader appearing for the respondents. 2. The petitioner belongs to the Christian Nadar Community. His date of birth is 1-5-1959. His grievance is that though he had registered with the Town Employment Exchange, Neyyattinkara as early as on 4-3-1982 and the registration was being periodically renewed, he has not so far been sponsored for appointment to any post. In this writ petition, he prays for a direction to respondents 1 and 2 to sponsor his name for appointment against a suitable post. He also prays for a direction to the respondents to pay him the sum of Rs.1,00,000/- as damages. 3. The first respondent has, as directed by this Court filed a statement dated 6-11-2008. The statement reads as follows:- 1.It is respectfully submitted that the petitioner is registered in the Town Employment Exchange, Neyyattinkara with Reg.No.5972/1992.His registration records have been received on transfer from the District Employment Exchange, Nagarcoil, Tamil Nadu. He has registration seniority from 4-3-1982 for WPC:30564 OF 2008 2 the qualifications of Std.IX pass and heavy driving License, the certificates he has registered in the Employment Exchange. He belongs to Latin Catholic Other than Anglo Indian community and his date of birth is 1-5-1959. 2.The Principal criteria followed for sponsoring candidates from the Employment Exchange is seniority of registration. Usually candidates register in the Employment Exchange at the age of 15. The petitioner registered in the Employment Exchange at the age of 23. Now his age is 49. He could not be considered for full-time vacancies as the upper age limit for such vacancies is 38 years for other Backward class communities to which the petitioner belongs. The age limit for part-time contingent vacancies is 50 years for all candidates irrespective of community basis. Hence the petitioner can be considered of being sponsored to part-time contingent vacancies, the present seniority for which is 11-9-1975 for open competition and 13-4- 1978 for Latin Catholic Community. The petitioner's seniority is 4-3-1982. 3.Therefore, the petitioner will be considered for sponsoring for part-time contingent vacancies up to the age of 50 and will be sponsored as when his chances occur as per the rules for sponsoring. 4. From the statement filed by the first respondent, it is evident that the petitioner's turn did not arise for being sponsored for appointment to any full time vacancy before he attained the age of 38 years, which is the maximum permissible upper age limit for candidates belonging to backward class communities for appointment to full time posts. It is also stated that though he is eligible to be considered for appointment against part time WPC:30564 OF 2008 3 contingent posts, his turn has not so far arisen. It is also stated the petitioners name will be sponsored as and when his turn arises. Such being the situation, the reliefs prayed for by the petitioner cannot be granted. The writ petition fails and is accordingly dismissed. The respondents shall however consider the petitioner for part time contingent posts as and when his turn arises, as undertaken in the statement filed by the first respondent. P.N.RAVINDRAN, JUDGE bps