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2007 Supreme(Mad) 3088

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P. K. MISRA & THE HONOURABLE MR. JUSTICE R. SUDHAKAR
District Collector & Others
Versus
J. Arul Luther Singh & Another
W.P. No. 29457 of 2005, W.P. No. 29458 of 2005, W.P. No. 29606 of 2005, W.P. No. 29607 of 2005, W.P. No. 29609 of 2005, W.P. No. 30089 of 2005, W.P. No. 30090 of 2005, W.P. No. 30508 of 2005
Decided On : 21-09-2007

Advocates Appeared:
R. Muthukumaraswamy, Additional Advocate General for V. Karthikeyan, Special Government Pleader, for Petitioners.
P. V. S. Giridhar for P. V. S. Giridhar & Associates, A. Immanuel, for Respondent No. 1.

Candidate registered in one particular employment exchange may apply for appointment in any other district also as and when vacancy arises.

Headnote:Service Law-Appointment-Employment as Secondary Grade Teachers-Transfer of registration in employment exchange-Whether candidate registered in employment change in a particular district precluded from seeking employment in vacancies arising in another district-Held, according to the provisions of constitution such candidate could seek employment in vacancies arising in any other district.

Judgment :

P. K. MISRA, J.

1. Heard the learned counsels appearing for the parties.

2. These writ petitions have been filed by the State Government against the common order dated 27.12.2002 passed by the Tamil Nadu Administrative Tribunal in O.A. Nos. 6809 of 2000 and other connected Original Applications, which had been filed by different applicants seeking employment.

3. The brief facts are as follows:

The applicants after completion of their training in Teacher Training Institutes had registered their names in the Employment Exchange. Subsequently, on the basis of Residence Certificate from the concerned authority in a different District, they had sought for change of registration from Employment Exchange of one district to Employment Exchange in another district and accordingly, such names were transferred to the other District Employment Exchange. The applicants were seeking for employment as Secondary Grade Teachers in such other District on the basis of such transfer of names but, since no action was taken, Original Application, were filed seeking for a direction to the District Employment Officer of such other District to sponsor the names.

4. Themain contention raised by the writ, petitioners is to the effect that the respondents/applicants had filed. OAs seeking for a direction to the Employment Exchange to sponsor their names for being appointed as Secondary Grade Teachers on the basis of transfer of registration in the employment exchange.

5. These matters were taken up along with similar Applications and the following order was passed:

(2007) 6 MLJ 112 at 114

“11) All these Applications have been filed praying for a direction to the respondents viz. District Employment Officers, Dharmapuri and Ramanathapuram to sponsor the applications depending upon their seniority in registration and a further direction is sought for to the Chief Educational Officer who is the Chairman of the Committee to select and give postings to them. Now all the applicants have got their names sponsored by the District Employment Officers and I am now told by the learned Standing counsel Mrs. Malarvizhi Udayakumar that most of the applicants have also been selected and they were given appointment already or they are in the process of getting their orders of appointment depending upon the seniority in registration. Government has given up the process, of cancellation of transferred registration and all these persons are likely to get their appointment provided they have sufficient seniority in registration with District Employment Offices of Ramanatha- puram and Dharmapuri Districts. I am also given to understand that there is no heart burning among the registered candidates who have registered in Ramanathapuram and Dharmapuri Districts that chances of their getting employment in their own districts have been taken away, or they are deprived of their getting employment. Therefore Government also has given up the procedure or idea of cancelling the transferred registration.

12) Therefore now that all the names of the applicants have been considered by the District Employment Officers and names have been forwarded or sponsored to the Chief Educational Officer depending upon their seniority in the registration, nothing remains to be done and it is open to the respondents to issue orders of appointment. In number of cases while respondents have not been prevented from proceeding with the appointment of Secondary grade teachers in these districts, only a direction has been issued to keep one post vacant for each of the applicants. Number of posts have been kept vacant as per the directions issued by this Tribunal and that transferred registration are accepted by the Government, there will be no difficulty in granting appointment to these applicants provided they have sufficient seniority in the registration with the Employment Exchanges. Regarding the submissions made by the Government Standing counsel, all these applications are ordered to be

















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