Madras High CourtWP/11038/2011disposed of

K. Poongodi v. The Executive Officer

2023-06-30Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and M.P. Nos.1 and 2 of 2011 K.Poongodi ... Petitioner v.

1.The Executive Officer, Vennandur Panchayat, Namakkal District.

2.P.Malarkodi ... Respondents Prayer: The writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records on the file of the 1st Respondent in Proc.Na.Ka.No.126/2010 dated 22.12.2010 and quash the same as illegal, incompetent and without jurisdiction and further direct the respondent to appoint the petitioner as Sweeper. For Petitioner : Mr.K.Vikram for Mrs.V.Srimathi Advocate for petitioner For Respondent 1 : Mr.K.Balasubramanian For Respondent 2 : No appearance 1/4

ORDER

The Writ Petition has been filed praying for a Writ of Certiorarified Mandamus to call for the records on the file of the 1st respondent in Proc.Na.Ka.No.126/2010 dated 22.12.2010 and further direct the 1st respondent to appoint the petitioner as Sweeper.

2. The petitioner completed primary school education and was engaged temporarily in service of Panchayat as Sanitary Worker. The petitioner registered herself with the District Employment Exchange, Namakkal District bearing Registration No.5132/05 dated 05.10.2005 and was renewed on October, 2008. The petitioner was continued to be engaged as Sanitary worker and her name was sponsored by the District Employment Exchange for filling up the vacancy to the post of Sweeper. That a call letter from the 1st respondent dated 02.07.2009 for interview to be held on 17.07.2009 was issued to the petitioner. The petitioner had also attended the interview and produced the relevant certificates / documents. However, her name was included in the final selection list and instead the 1st Respondent had appointed Mrs.Malarkodi, the 2nd respondent herein.

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3. The counter filed by the 1st respondent would indicate that the petitioner was not appointed in view of the fact that she was not sponsored by the District Employment Exchange.

4 It is submitted by the learned counsel for the Respondents that the petitioner would now be aged about 52 years and that they would try to accommodate the petitioner if there are any temporary work, the same was readily acceded to by the learned counsel for the petitioner.

5. Recording the same, the writ petition stands disposed of with a direction to the respondents to consider accommodating the petitioner in a temporary post/ work. No costs. Consequently, connected miscellaneous petitions are closed.

30.06.2023 Speaking (or) Non-Speaking Order Index: Yes/No shk/mka 3/4

MOHAMMED SHAFFIQ, J.

mka To:

The Executive Officer, Vennandur Panchayat, Namakkal District.

and M.P. Nos.1 and 2 of 2011 30.06.2023 4/4