1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.11968 of 2011 T.Punithavathi : Petitioner Vs. 1.The Assistant Director, Professional and Executive Employment Office, Shanthome, Chennai - 4. 2.The District Employment Officer, Professional and Executive Employment Office, K.Pudur, Madurai-7. : 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 to give seniority for the petitioner under physically handicapped quota for M.A., B.Ed., from the date of actual entry by the first respondent i.e. from 12.07.2007 by considering the representation dated 12.09.2011, which was received by the second respondent on 19.09.2011. For Petitioner : M/s.D.Venkatesh For Respondents : Mr.T.R.Janarthanan,Additional Government Pleader ORDER This writ petition has been filed seeking for the issuance of a Writ of Mandamus directing the second respondent to give seniority for the petitioner under physically handicapped quota for M.A., B.Ed., from the date of actual entry by the first respondent i.e. from 12.07.2007 by considering the representation dated 12.09.2011, which was received by the second respondent on 19.09.2011. 2. Heard Mr.D.Venkatesh, the learned Counsel for the petitioner and Mr.T.R.Janarthanan, the learned Additional Government Pleader for the respondents. 3. The learned Counsel appearing for the petitioner would submit that the petitioner, who is a physically handicapped candidate, after obtaining B.A. degree in the year 2004, and B.Ed., degree in the year 2007, has registered her name in the District Employment Office, Dindigul, on 02.07.2007. As she suffered from permanent physical impairment viz., "Post Traumatic Mono Passim" to an extent of 60%, she was issued with a certificate by the Special Commissioner for Disabled, Chennai, to that effect. Based on the above said medical certificate, her name was also registered under physically handicapped quota with Registration No.W/10116/07. Later on, she had obtained Master of Arts in the year 2007. After obtaining Master of Arts degree, she had also registered the M.A. degree and B.Ed., before the first respondent on 12.07.2007. Subsequently, she has also obtained M.Phil., degree. When she went before the second respondent to register the same on 22.07.2011, she got her M.Phil., degree registered under physically handicapped quota https://hcservices.ecourts.gov.in/hcservices/ 2 with Registration No.AO 15014 but at that time she was informed by the second respondent that her name was not registered under physically handicapped quota during her entry by the first respondent on 12.07.2007. Therefore, now the grievance of the petitioner is that though the second respondent registered her name under physically handicapped quota with effect from 22.07.2011, refused to give seniority from the date of actual date of entry made by the first respondent from 12.07.2007. Therefore, she made a representation on 16.09.2011 to the respondents requesting them to give seniority under physically handicapped quota from the date of her actual entry for M.A., B.Ed., viz., from 12.07.2007. The said representation was received on 19.09.2011, but till date no reply whatsoever has come from the respondents. As a result, the petitioner has come to this Court with the above prayer. 4. The learned Additional Government Pleader appearing for the respondents would submit that if a direction is given to the respondents to consider the petitioner's representation, the same would be duly considered within the stipulated time. 5. It is an admitted case that the petitioner is a physically handicapped person with 60% permanent disability and she has acquired M.A. and B.Ed., on 10.07.2006 and 12.06.2007 respectively and got them registered on 12.07.2007. Therefore, when the petitioner after getting M.Phil., degree on 22.07.2007 she is entitled to get her higher degree to be registered along with the original date of registration viz., 12.07.2007, but on the other hand, the second respondent registered her name under physically handicapped quota with effect from 22.07.2011 and refused to give seniority from the date of actual date of entry made by the first respondent from 12.07.2007. 6. In view of the above, this Court directs the respondents to consider the representation made by the petitioner and do the needful by giving seniority to her with effect from 12.07.2007 within a period of four weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No costs. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Assistant Director, Professional and Executive Employment Office, Shanthome, Chennai - 4. 2.The District Employment Officer, Professional and Executive Employment Office, K.Pudur, Madurai-7. +one cc to Special Government Pleader, Sr.No. 41853 Order made in W.P.(MD).Nos.11968 of 2011 srm/sma/12.12.2011/4c/2p Dated:- 28.11.2011 https://hcservices.ecourts.gov.in/hcservices/