IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

W.P.NO.19073 OF 2020

AND

W.M.P.NO.23646 OF 2020

1. R.Murugan

... Petitioner

Vs.

1. The Chief Secretary to Government,

Government of Tamilnadu, Secretariat,

Chennai 600 009.

2. The Principal Secretary to Government,

Labour And Employment Department,

Secretariat, Chennai 600 009.

3. The Principal Secretary to Government,

Welfare of Differently Abled Persons Dept.,

Secretariat, Chennai 600 009.

4. The Principal Secretary to Government,

Personnel And Administrative Reforms Dept.,

Secretariat, Chennai 600 009.

5. The Secretary to The Government,

Law Department, Secretariat,

Chennai 600 009.

6. The Commissioner for the Welfare of

Differently Abled, Chennai-600005.

7. The Commissioner of Employment

And Training, Chennai 600 032.

8. The District Employment Office,

Tiruvallur-602 001.

... Respondents

https://hcservices.ecourts.gov.in/hcservices/

Prayer :

Writ petition filed under Article 226 of the

Constitution of India, praying for the issuance of a Writ of

Mandamus, directing Respondents to provide appointment to the

petitioner in any one of the suitable posts in categories C and

D in any one of the Departments of Government of Tamilnadu or

its Undertakings commensurate with his educational and technical

qualifications and taking into account that he is entitled for

appointment as such under priority category on two counts and in

the light of the provisions of The Rights of persons with

Disabilities Act 2016.

For Petitioner

: Mr.S.Balakrishnan for

Mr.M.Ravi

For Respondents

: Mr.V.Manoharan, A.G.P.

RR1 to 8

O R D E R

According to the petitioner, the petitioner registered his

name in the District Employment Office, Tiruvallur on 30.6.2014

under the category of Differently Abled Person. The petitioner's

name was sponsored by the District Employment Officer,

Tiruvallur to the Principal District Judge, Tiruvallur and the

petitioner was appointed as Typist / Copyist in the Special

Court for Land Grabbing Cases, Tiruvallur as a Differently Abled

Person with 70% disability under 10(a) (i). However, the

petitioner was ousted from service by order dated 30.4.2014 by

the 9th respondent despite the fact that the petitioner is a

Differenly Abled Person. According to the petitioner, the

respondent has to follow the Government order issued under

G.O.Ms.No.21 dated 30.5.2017 and G.O.Ms.No.51 dated 26.12.2017

and failed to consider the petitioner's candidature for

sponsoring his name to the appointing authorities and the

respondents failed to consider the petitioner's name under the

priority category and also under the category of land being

acquired by the Government from the petitioner's family.

2. The fourth respondent has filed counter wherein it is

stated that pursuant to the Guidelines issued by the Government

of India, the Government of Tamil Nadu has taken a policy

decision and accorded priority in providing employment

assistance to some of the categories in respect of recruitment

made through Employment Office. Accordingly, the Government

issued G.O. (Ms) No.188, Personnel and Administrative Reforms

(Personnel-P) Department, dated 28.12.1976. In the Annexure to

the said G.O., Priority categories have been listed under Groups

I, II, III and IV as per the order of priority. As per the G.O.

https://hcservices.ecourts.gov.in/hcservices/

(Ms) No.541, dated 29.9.1989, the vacancies for which

appointment by direct recruitment are to be made through

Employment Office should be filled up by candidates belonging to

the Priority categories and Non-Priority categories in the ratio

of 1 : 4 subject to the rule of reservation/allocation made in

the Service rules. As per the provisions have been m