T.Mahendran v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.12655 of 2015 and M.P.No.1 of 2015 T.Mahendran

...Petitioner

Versus

1.The Collector Thanjavur District 2.The Commissioner Kumbakonam Panchayat Union Kumbakonam ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus to direct the respondents to appoint the petitioner as Night Watchman/Office Assistant by way of giving priority as if done in the case of Thangaiyan and Nagarajan.

For Petitioner :

Mr.S.Ilamvaludhi For Respondents :

Mr.S.Gunasekaran, Govt.Advocate

O R D E R

With the consent of both sides, the Writ Petition itself is taken up for final disposal.

2. The Petitioner was appointed as Cholera Mazdoor on 14.12.1990. He has been continuing in service upto 01.04.2015.

3. The grievance of the petitioner is that the other Cholera Mazdoors, who were similarly situated were appointed as Office Assistant and he seeks similar treatment. In this regard, the petitioner also made a representation dated 06.04.2015 to the respondents. However, no acknowledgement card is enclosed in the typed set of papers showing that he sent the said representation. Now, the petitioner has filed this writ petition seeking for a direction to the respondents to appoint him as Night Watchman/Office Assistant by way of giving priority as done in the case of Thangaiyan and Nagarajan, who were similarly situated. https://hcservices.ecourts.gov.in/hcservices/

4. At the time of hearing, learned counsel for the petitioner submitted that the writ petition could be disposed of by permitting the petitioner to send fresh representation to the second respondent enclosing relevant particulars seeking for appointment in the post of Night Watchman/Office Assistant as that of similarly situated persons.

5. In the circumstances, the writ petition is disposed of permitting the petitioner to make fresh representation to the second respondent setting out his grievance and his claim for appointment to the post of Night Watchman/Office Assistant as given to others, who are similarly situated. On receipt of the said representation, the second respondent is directed to pass orders on merits and in accordance with law within a period of six weeks. No costs. Consequently, connected M.P.No.1 of 2015 is closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar nvsri To 1.The Collector Thanjavur District 2.The Commissioner Kumbakonam Panchayat Union, Kumbakonam +1 CC to Mr.S.Ilamvaluthi, Advocate Sr.23347 CO-SSI ths : 19.05.2015 W.P.No.12655 of 2015 and MP.No.1/2015 https://hcservices.ecourts.gov.in/hcservices/