The petitioner seeks a writ of Mandamus directing the respondents to recommend his name for any of the suitable post in the Government or Corporations and to direct them to pay a sum of Rs.5 lakhs as compensation on account of failure on the part of the second respondent to sponsor his name for suitable employment.
2. The petitioner registered his name before the Employment Exchange at Nagercoil on 26 July, 1978. The registration was duly renewed from time to time. Subsequently he also registered his conductor's licence with the second respondent on 18 July, 1984. The original registration along with the subsequent registration of the qualification was renewed periodically. However the second respondent has not sponsored his name for any of the employment, though request was made by different departments. The petitioner is also a legal heir of a freedom fighter and as such he is entitled to age relaxation. At a later point of time the second respondent informed the petitioner as per letter dated 13 January, 2000 that he had already crossed 43 years and as such there would be less chance for recommending his name for Government job.
3. The petitioner has filed an additional affidavit wherein it was contended that another candidate by name Paulraj of Kollamcode, who got conductor's licence much after him and whose registration was also subsequent to his registration, got sponsorship by the first respondent and he was appointed in the Transport Corporation. However for the reasons best known to the second respondent his name was sponsored. Accordingly the petitioner seeks a writ of mandamus for appropriate directions.
4. The respondents have not filed counter in answer to the contentions raised in the writ petition. However the learned Government Pleader has produced written instructions from the first respondent dated 30 October, 2009 wherein it was indicated that though they have received request for sponsorship, the name of the petitioner could not be sponsored as he had attained the age of 40. Accordingly to the first respondent it was not possible to sponsor the names of those candidates who had crossed the age of 40 years for the post of Conductor.
5. The contention raised by the petitioner to the effect that his immediate junior was sponsored remained unanswered by the respondents. In any case, the petitioner is now over aged for consideration of Government job. Therefore the question is, as what could be done in the matter as the petitioner has already reached the age of 53 years.
6. The learned counsel for the petitioner would submit that the petitioner would be satisfied in case the respondents sponsor his name for any of the post in Corporations like TASMAC where there is no restriction for age in the post of Salesman.
7. The petitioner has got a right to sponsor, in case he satisfies the qualification required for a particular post and his Seniority was within the range for the purpose of sponsorship. The second respondent appears to have not sent a single call letter to the petitioner during the time he was within the age limit. The petitioner has also stated the name of the candidate, who was sponsored by the second respondent in spite of the fact that the said candidate registered his name and obtained conductor's licence much later.
8. In any case there is no point in accusing anybody in the matter. The petitioner is now aged about 53 years and even now he is stated to be unemployed. Therefore I am of the view that interest of justice would be subserved by directing the second respondent to sponsor the name of the petitioner in any of the post in case there is possibility to get age relaxation. Such application for relaxation should be considered by the authorities on merits and as per law with a positive approach taking note of the fact that the name of the petitioner was not sponsored though his registration dates back to 1978.
9. The writ petition is disposed of with the above observation. Consequently the connected WPMP is closed. No costs.
18.11.2009 Index: Yes/No Internet: Yes/No Tr/ To
1. The Director Directorate of Employment and Training, Chennai-5.
2. The District Employment Officer District Employment Office Nagercoil.
K.K.SASIDHARAN, J Tr W.P.No.16445 OF 2000 18.11.2009