W.P.(MD).No.14903 of 2017 S.S.Murugan, S/o.S.Suruli, Cook, Government Boys Hostel (Backward Class Welfare) Theni District. : Petitioner Vs.
1.The Principal Secretary to the Government, Backward Classes, Most Backward Classes and Minorities Welfare Department, Secretariat, Chennai-600 005.
2.The Commissioner, Most Backward Classes and Minorities Communities (FAI), Chepauk, Chennai-600 005.
3.The District Backward Classes and Minorities Welfare Officer, Theni District. : Respondents COMMON PRAYER: Writ Petitions are filed under
Article 226 of the Constitution of India to issue a Writ of Declaration, declaring the Clause (ii) of Rule 5
(a) of the Tamilnadu Backward Classes Welfare Subordinate Service 2014 as invalid, discriminatory and violative of
Article 16 of the Indian Constitution and consequently direct the first and second respondents to promote the petitioner as jeep Driver on par with his junior with all service benefits.
[Order of the Court was delivered by M.M.SUNDRESH, J.] It is agreed by both counsel that the issue involved in the writ petitions are covered by the order of the Division Bench in W.P(MD) No.3209 of 2015 dated 23.03.2017, wherein it has been held as follows:-
25.In the result, while rejecting the prayer to declare the impugned rule as violative of
Article 16 of the Constitution of India, the writ petition is disposed of by reading down the relevant rule and holding that the respondent Department having been bifurcated from the Adi Dravidar and Tribal Welfare Department, the petitioner is entitled to be considered to th post of Jeep Driver, without imposing any age restriction. However, this does not mean that the petitioner is entitled to be automatically posted as a Jeep Driver, but however, subject to fulfillment of all the requisite qualifications and the eligibility prescribed for the said post.
26. The respondents are directed to consider the case of the petitioner in terms of the above directions, within a period of four weeks from the date of receipt of a copy of this order and if the petitioner fulfils the requisite qualifications and the other conditions prescribed for being eligible to be considered for selection to the post of Jeep Driver, the respondents shall consider and issue appropriate orders, within a period of eight weeks thereafter. No costs. Consequently, connected miscellaneous petition is closed.
2. In such view of the matter, these writ petitions are disposed of with the aforesaid terms. No Costs. Consequently, connected miscellaneous petitions are closed.
To
1.The Principal Secretary to the Government, Backward Classes, Most Backward Classes and Minorities, Welfare Department, Secretariate, Chennai-600 005.
2.The Commissioner, Most Backward Classes and Minorities Communities (FAI), Chepauk, Chennai-600 005.
3.The District Backward Classes and Minorities Welfare Officer, Nagapattinam District.
4.The District Backward Classes and Minorities Welfare Officer, Theni District.
.