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Madras High CourtWP/8269/2021disposed of

C.Vishnuvardhana v. The District Collector

2023-12-12Honourable Ms Justice R.N.Manjula6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2023

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. Nos.8269, 8271, 8272 & 8273 of 2021 C.Vishnuvardhana ... Petitioner in W.P.No.8269/2021 Gopalareddy ... Petitioner in W.P.No.8271/2021 Venkataramanappa ... Petitioner in W.P.No.8272/2021 Munisamy ... Petitioner in W.P.No.8273/2021 /vs/

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The Block Development Officer, (Village Panchayats), Hosur Panchayat Union, Krishnagiri District ... Respondents in all W.P's.

Writ Petitions are filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to pay salary to the petitioner who is working as Over Head Tank Operator from 09.02.2000 as per the guidelines issued by the Government from time to time and pay the

arrears of salary and fix consolidated salary every month in accordance with the guidelines issued by the Government from time to time. For Petitioner ... Mr.K.S.Viswanathan (in all W.P's.) Senior counsel For Respondents ... Mr.G.Nanmaran (in all W.P's.) Special Government Pleader COMMON ORDER These Writ Petitions are filed to direct the respondents to pay salary to the petitioners who are working as Over Head Tank Operator from 09.02.2000 as per the guidelines issued by the Government from time to time and pay the arrears of salary and fix consolidated salary every month in accordance with the guidelines issued by the Government.

2. The petitioners claim themselves to be appointed as Over Head Tank Operators in various Panchayats coming under Hosur Panchayat Union.

3. Mr.K.S.Viswanathan, the learned Senior Counsel for the petitioners submitted that the petitioners have been appointed by the earlier respective Presidents of the Panchayats under the Hosur Panchayat Union

and after the Presidents got changed, the newly succeeded President refused to sanction to pay to be paid to the petitioners.

4. In support of his contention, the learned Senior Counsel for the petitioners produced the Service Registers of the petitioners that they have been appointed in the respective Panchayat and the Service Registers have been signed by the respective Panchayat President. However the second respondent who is present today have perused those Service Registers and stated that they are all forged documents.

5. Since the petitioners themselves claim that they are not regular employees as that of others, for whom Service Register has to be opened, I do not find any reason to rely upon the Service Registers which can be a self styled document.

6. So far as the panchayat resolution dated 09.02.2000 is concerned, it is seen that the petitioners have been appointed by the then President of Alasapalli - Batavarapalli as Over Head Tank Operators. But the resolution book which is produced today did not show that the services of the

petitioners have been terminated any time thereafter. Since the resolution book which is in the custody of the respective panchayats cannot be tampered by the petitioners, those resolution books cannot be termed as bogus or created one. Hence, the respondents cannot bluntly say that the petitioners are no more working as Over Head Tank Operators and they are not entitled to any salary without looking into the relevant documents.

7. In view of the above stated reasons, these Writ Petitions are disposed by directing the petitioners to give a fresh representation to the respondents within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the respondents shall consider the representation of the petitioners in the light of the resolution which has already been passed on 09.02.2000 and the engagement of the petitioners in their respective work and in respect of payment of salary as per the rules in force and pass appropriate orders within a period of four weeks from the date of receipt of a copy of the representation. No costs. 12.12.2023 Index: Yes / No Speaking order / Non-speaking order bkn

To:

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The Block Development Officer, (Village Panchayats), Hosur Panchayat Union, Krishnagiri District

R.N.MANJULA ,J.

bkn W.P.No.8269 of 2021 12.12.2023