1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.2662 of 2011 and M.P.(MD)No.1 of 2011 V.S.Athavan : Petitioner Vs. 1.The District Collector, Virudhunagar District, Collectorate Complex, Virudhunagar. 2.The Revenue Tahsildar, Thiruchizhi, Virudhunagar District. 3.The District Employment Officer, Employment Office, Virudhunagar. : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus directing the 3rd respondent to sponsor the petitioner's name for the post of Village Assistant in the Thiruchuzhi Region and consequently direct the 1st respondent to appoint the petitioner to the posts of Village Assistant in existing vacancy in the Thiruchuzhi Region. For Petitioner : Mrs.J.Nisha Banu For Respondents : Mr.B.Pugalendhi, Spl.G.P. ORDER ****** Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 2.The petitioner has come up with the present Writ Petition for a Writ of Mandamus directing the 3rd respondent to sponsor the petitioner's name for the post of Village Assistant in the Thiruchuzhi Region and consequently direct the 1st respondent to appoint the petitioner to the posts of Village Assistant in existing vacancy in the Thiruchuzhi Region. 3.A detail counter affidavit has been filed by the 3rd respondent meeting all the points raised by the petitioner. It would be useful to extract the entire counter affidavit of the 3rd respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 “(2) It is true that the petitioner Thiru.S.Athavan has registered his S.S.L.C. Certificate on 31.03.1988 vide reg. No.560 of 1988, and registered his conductor license on 30.06.1989 with the office of 3rd respondent District employment Office Virudhunagar under registration No.6326/1989, his S.S.L.C. qualification Seniority has been merged with registration No.6326/1989 in same seniority i.e. 21.03.1988. (3)It is submitted that the petitioner Thiru.S.Athavan belongs to M.B.C. category. For his S.S.L.C. Qualification lastly in 2006 Accessor Post Vacancy was notified by T.N.E.B. In that post M.B.C. cut off date of seniority was 31.12.1986. The petitioner Thiru.S.Athavan was not within the cut off date seniority. Hence, he was not sponsored by the 3rd respondent. (4)It is submitted that for his Conductor Licence in 2009, 63 vacancies notified by the T.N.Transport Corporation for the post of conductor, the 3rd respondent sponsored the eligible candidates and of the age for M.B.C. is 35 years. Since the applicant has crossed the upper age limit of 35 years as on 01.09.2009, his name was sponsored by the 3rd respondent even though his seniority fell with in the cut off date. (5)It is submitted that in 2010, the vacancies notified by the T.N. Transport Corporation for the post of conductor, the 3rd respondent has given an advertisement through the daily newspapers regarding the conductor Post which was notified by T.N. Transport Corporation. On the basis of the notification, 3rd respondent to avoid omission of candidates published the cut off date of Seniority for M.B.C. is 16.09.1994 and informed that the eligible candidates who are registered to appear before 3rd respondent office on 03.12.2010. The petitioner Thiru.S.Athavan is within the cut off date of Seniority, he did not report the 3rd respondent office on the said day or other. So the petitioner's name was not sponsored. (6) It is submitted the petitioner S.Athavan letter dated 07.04.2007 received by this office vide ref.No.A9/10670/07 reply sent by 3rd respondent dated 17.7.2007 his registration was lapsed on 8/1992 this statement was wrongly given by the 3rd respondent at that time. After consideration of all records of the Thiru.S.Athavan letter has seen sent to him stating that his renewal date fall on June 2010 vide ref.No.A1/18775 dated 29.12.2007. (7) It is submitted that the Village Assistant post which was notified by the tahsildars of Virudhunagar District minimum educational qualification for that post is Vth standard passed upto S.S.L.C. failed qualification candidates were sponsored. The petitioner Thiru.S.Athavan, who is S.S.L.C. passed candidate and he was not eligible for that post, hence his registration was not sponsored. And 3rd respondent received the letter from legal service Authority of Madurai for that candidate called to report to 3rd respondent office. But the petitioner not reported the remarks are not offered. https://hcservices.ecourts.gov.in/hcservices/ 3 (8)It is submitted that the petitioner S.Athavan while he registered in the 3rd respondent office his address was S.Athavan, S/o.Seenivasan, 119/B, Chinna Suraikkaipatti street, Pannaiyar Road, Rajapalayam. He is S.S.L.C. passed candidate. Candidates who are having qualification from fifth standard pass to S.S.L.C. failed are sponsored by the 3rd respondent for the post of village assistant. It is submitted that 3rd respondent office has poor in staff strength. It is true that the petitioner is in reserving list in that office and in future he will be sponsored in order to want of vacancies.” The counter affidavit would reveal that at each and every stage, the respondents were unable to sponsor the name of the petitioner. In paragraph 8, which has been extracted above, it is clearly stated that the case of the petitioner will be considered in future vacancy for the post of Village Assistant. 4.In view of the above stated position, there need be no further orders in this writ petitioner except, directing the 3rd respondent to sponsor the name of the petitioner in future vacancy for the post of Village Assistant. Since the petitioner is 38 years old, I direct the respondent to consider the case of the petitioner sympathetically and sponsor his name in the next vacancy. 5.This petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. arul Sd/- Deputy Registrar[LA] /True copy/ Assistant Registrar To 1.The District Collector, Virudhunagar District, Collectorate Complex, Virudhunagar. 2.The Revenue Tahsildar, Thiruchizhi, Virudhunagar District. 3.The District Employment Officer, Employment Office, Virudhunagar. +1 cc to Special Government Pleader, SR.No.18806. +1 cc to Mrs.J.Nisha Banu, Advocate SR.No.18708. Order made in W.P.(MD) No.2662 of 2011 Dated:16.06.2011 3P/6C RPB 05.07.2011 https://hcservices.ecourts.gov.in/hcservices/