BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 02.02.2022 Pronounced on : 08.07.2022 CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.21129 of 2021 C.Senthil Kumar ... Petitioner Vs
1.The Director, Directorate of Employment and Training, Alandur Road, Thiru.Vi.Ka Industrial, Guindy, Chennai – 600 032.
2.The Regional Joint Director (Employment) Office, Government ITI Complex, K.Pudur, Madurai – 625 007.
3.The District Employment Officer, District Employment and Training Office, Sivagangai, Sivagangai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a writ of mandamus directing the respondents to cancel the employment given to one T.Abimanan by using the petitioner's employment registration number (SGD2010M00000119) and place the petitioner in a proper seniority and give job opportunity as per his seniority by considering his representation dated 18.09.2021 within a period which may be stipulated by this Court.
For Petitioner : Mr.C.Guhaseelarupan For Respondents : Mr.A.Kannan, Additional Government Pleader
ORDER
This writ petition has been filed for writ of mandamus directing the respondents to cancel the employment provided by using petitioner's registration number to one T.Abimanan and to restore his employment registration seniority.
2.Learned Counsel for the petitioner submits that the petitioner completed his SSLC in the year 2006 and obtained driving licence in the year 2009. He registered his educational and technical qualification with the third respondent / Sivagangai District Employment Office on 22.11.2010. He was allotted with registration Number: SGD2010M00000119. Subsequently he did Diploma in Mechanical Engineering in the year 2011 and also registered the same with the third respondent in the year 2011. His renewal period was November 2013. However due to his family circumstances, the petitioner failed to renew his employment registration.
3.While things stood so, in the year 2021 the Government vide G.O.Ms.No.548, Labour and Skill Development (D2) Department dated 02.12.2021 granted special concession to renew the registration to the employment registrants, those who failed to renew it for the years 2014, 2015 and 2016. Therefore the petitioner logged into the Tamil Nadu Government Employment and Training Department's portal at https://tnvelaivaaippu.gov.in/ to renew his registration by using his registration number:SGD2010M00000119 and he found that by using his registration number, employment was given to one T.Abimanan. On knowing this, the petitioner approached the third respondent on 13.09.2021 in person and sent a detailed representation on 18.09.2021 to the third respondent, requesting to cancel the appointment of the said T.Abimanan and to provide him appointment by restoring his seniority. Since the representation of the petitioner evoked no response, the petitioner is before this Court.
4.The learned Additional Government Pleader appearing for the respondent by referring the counter affidavit filed by the third respondent submits that the petitioner has registered his SSLC qualification with the third respondent on 22.11.2010 and he was allotted with registration number SGD2010M00000119 and it had to be renewed in the month of November 2013. But the petitioner did not renew it within time. Hence his name was transferred to dead register. While so, the Government vide G.O.Ms.No.548, Labour and Skill Development (D2) Department dated 02.12.2021 granted special concessions for renewal, to the candidates, who had not renewed their employment registration from 01.01.2014. However, the cut off date fixed is 01.01.2014. But the petitioner's case is he had to renew in the month of November 2013. Therefore this special concession is not applicable to the petitioner's case.
5.The learned Additional Government Pleader further submits that based on the representation of the petitioner, the registration number of the petitioner was looked into and it came to know that by misusing the lapsed registration number of the petitioner, it was replaced with the name and the qualification of one T.Abimanan and was transferred to the District Employment Office (Unskilled), Chennai on 05.03.2014 illegally by the then District Employment Officer K.Thondeeswaran. Subsequently, the said T.Abimanan name was sponsored for the post of Cook to the District Backward and Most Backward Welfare Office, Chennai on 26.10.2010 and he got employment on 02.03.2016. Therefore, the first respondent / the Director of Employment and Training, Chennai has directed the Deputy Director, District Employment and Career Guidance Centre, Chennai to address the District Backward and Most Backward Welfare Office, Chennai requesting to remove the said T.Abimanan from the post of Cook for his illegal activity and misconduct. Necessary steps are being taken in this regard.
6.The learned Additional Government Pleader by referring the additional counter affidavit filed by the respondents submits that K.Thondesswaran, the then District Employment Officer, had alrea
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