C.Kalaiselvi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 12.03.2021 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.6334 of 2021 C.Kalaiselvi ... Petitioner Vs.
1.
The District Collector, Thiruvannamalai District, Thiruvannamalai.
2.
The Block Development Officer, Peranamallur, Chetpet Taluk, Thiruvannamalai District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the 2nd Respondent to furnish the copy of the appointment order for filling the post of Alliyandal Village Panchayat Secretary, Chetpet Taluk, Thiruvannamalai District.
For Petitioner :
Mr.C.Prakasam For 1st Respondent :
Mr.P.Karthikeyan, Addl. Government Pleader For 2nd Respondent :
Mr.K.Ravikumar Addl. Government Pleader
O R D E R
Petitioner has come up with this Writ Petition seeking a direction to the 2nd Respondent to furnish the copy of the appointment order for filling the post of Alliyandal Village Panchayat Secretary, Chetpet Taluk, Thiruvannamalai District. 2.
According to the Petitioner, she applied for the post of Alliyandal Village Panchayat Secretary to the 2nd Respondent and attended the interview on 10.08.2018 and produced all her original Educational Certificates and relevant Certificates for verification. Though, she was assured that, she would be selected for the said post, she did not get the appointment order. Later, she made a request under the Right to Information Act to furnish a copy of the appointment order, in order to enable her challenge the same, as she came to understand that, she is not qualified for the said post. In that regard, she
also made a representation dated 16.11.2020 to the 2nd Respondent and the same is pending consideration.
3.
Heard the learned counsel on either side and perused the material documents available on record.
4.
Learned Additional Government Pleader appearing for the 1st Respondent submitted that, the 1st Respondent is willing to furnish a copy of the appointment order issued to the third party.
5.
Considering the facts and circumstances of the case, this Court directs the 2nd Respondent herein to consider the Petitioner's representation dated 16.11.2020 in accordance with law, after affording an opportunity of personal hearing to the Petitioner, and pass appropriate orders on the same, within a period of four months from the date of receipt of a copy of this order.
6.
The Petitioner shall furnish her phone number, Email ID, if any, etc., along with a copy of her representation and a copy of this order to the 1st and 2nd Respondents, forthwith. The 1st and 2nd Respondents are directed to communicate the decision taken on the representation, to the Petitioner within a period of three weeks from the date of decision taken thereon, by way of SMS/Email/Registered Post/Speed Post, so that there is no need for the parties to file a Contempt Petition after expiry of the specified period. In case, Authorities concerned fail to send communication to the parties, they will have to face civil imprisonment in case of contempt proceedings and, if they are unable to serve the order and the cover being returned unserved for one reason or the other, the same shall be kept in the file without opening it for the sake of proof of delivery, so that the parties, at a later point of time, will not take a plea that, they are not aware of the order of this Court. 7.
It is made clear that, it is open to the Petitioner to challenge the appointment order issued to the third party, if she is aggrieved.
With the above direction and observation, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar (aeb)
To:
1.
The District Collector, Thiruvannamalai District, Thiruvannamalai.
2.
The Block Development Officer, Peranamallur, Chetpet Taluk, Thiruvannamalai District.
+1cc to Mr.K.Ravikumar, Advocate, S.R.No.16576 +1cc to Mr.C.Prakasam, Advocate, S.R.No.16200 +1cc to the Government Pleader, S.R.No.16239 W.P.No.6334 of 2021 PL(CO) KM(20/04/2021)