S. Muniappan v. Secretary to Government, Commercial Taxes & Registration Department, Chennai
2013-02-28
VINOD K.SHARMA
body2013
DigiLaw.ai
Judgment :- 1. The petitioner prays for issuance of a writ in the nature of Certiorari to quash the Letter No.1742/M2/2008-4 dated 25.09.2008 passed by the 1st respondent and No. 61722/A3/ PA1/2007 dated 22.12.2008 passed by the 2nd respondent, in rejecting the request of petitioner for regularization, by relaxing the educational qualification to promote the petitioner as Office Assistant. 2. The petitioner joined the service on 01.11.1964 as Mazdoor in the office of Highways, Dindigul and he was allowed to continue upto 12.07.1972. Thereafter till 21.06.1973, the petitioner worked as Office Assistant. 3. The petitioner was ousted from service for want of vacancy, but again on 19.09.1979, the petitioner was deputed to District Registrar Office as Office Assistant, where he was allowed to continue for 2½ years. The services of petitioner were terminated, as he did not have requisite educational qualification, i.e. VIII pass. 4. The case of petitioner is that, one Thiru Palanisamy, who studied upto V standard and had joined as Masalji in the same department, was subsequently appointed as Office Assistant. 5. The petitioner represented to the District Registrar, who accepted the representation and made recommendation to the Inspector General of Registration and under this order, the petitioner was allowed to continue. 6. The petitioner thereafter approached this Court for regularizing his services from the date of his first appointment vide W.P.No.4726 of 1986, which was transferred to the learned Tamil Nadu Administrative Tribunal (TAT) and renumbered as T.A.No.499 of 1982. The application was dismissed by the learned TAT. The petitioner challenged the order of the learned TAT in this Court, the writ filed by petitioner was dismissed on 15.06.2005. After dismissal of the writ petition, the petitioner filed representation with the Inspector General of Registration and the District Registrar continuously. The request of petitioner was rejected. 7. The petitioner challenged the said decision, by filing W.P.No.9977 of 2000, which was dismissed as withdrawn. Thereafter, the petitioner filed appeal before the Inspector General of Registration as also to the District Registrar, Madurai. 8. The request of the petitioner for promotion as Office Assistant by relaxing the rules, has been finally rejected, on the ground, that as per rules, minimum qualification is VIII std. 9. The petitioner, being aggrieved by the order has now approached this Court for directing the respondents to relax the rules and promote him as Office Assistant. 10.
8. The request of the petitioner for promotion as Office Assistant by relaxing the rules, has been finally rejected, on the ground, that as per rules, minimum qualification is VIII std. 9. The petitioner, being aggrieved by the order has now approached this Court for directing the respondents to relax the rules and promote him as Office Assistant. 10. The writ petition on the face of it is misconceived. Once this Court has already dismissed the claim of petitioner for appointment, the subsequent representation to the authorities were not competent. It is not understood how the department could override the decision of this Court, holding petitioner to be ineligible by coming to a different conclusion. It is not open to department / State Government to open a matter, which has attained finality in this Court. 11. In any case, the power of relaxation of rules is discretion of the Government, which cannot be claimed as a matter of right, by filing writ petitions in this Court. As already noticed above, the petitioner admittedly is not qualified, therefore, does not have any right to seek promotion, by relaxation of rules. 12. Consequently, the writ petition, being totally misconceived, is ordered to be dismissed. 13. No costs. Connected miscellaneous petition is closed.