N. Tamilselvi v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :26.09.2023
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P No.9780 of 2012 N.Tamilselvi ....
Petitioner Vs
1. The Collector, Thiruvallur District, Thiruvallur.
2. The Assistant Director (Village Panchayat), Thiruvalangadu Panchayat Union, Thiruvallur District.
3. The Block Development Officer, Thiruvalangadu Panchayat Union, Thiruvallur District.
4. The President, Thazhavedu Village Panchayat, Thiruvalangadu Panchayat Union, Thiruvallur District.
....
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned resolution dated 26.11.2001 passed by the 4th 1/4
respondent and quash the same and direct the 3rd and 4th respondents to reinstate the petitioner in the post of Village Panchayat Assistant with full back wages in the office of the 4th respondent based upon the representation of the petitioner dated 04.11.2011 and 12.12.2011. (Prayer amended as per order dated 03.08.2012 by NPVJ in M.P.Nos. 1 to 3 of 2012 inW.P.No.9780 of 2012 For Petitioner : Mr.G.Mohan for Mr.S.Kumaradevan For Respondents : Mr.T.M.Rajangam Government Advocate
ORDER
This Writ Petition has been filed to challenge the impugned resolution dated 26.11.2001 passed by the 4th respondent, thereby removed the petitioner from service.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner is now aged about 54 years. The petitioner was initially appointed as Panchayat Assistant in the fourth respondent Panchayat and subsequently, he was removed from the said post. The Block Development Officer or Village Panchayat President has no power to appoint the Village Assistant. Therefore, the fourth respondent rightly removed the petitioner from service and appointed other qualified persons in the said post. 2/4
4. In view of the above, this Court finds no infirmity or illegality in the order passed by the fourth respondent. Thus the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. 26.09.2023 Index : Yes/No Internet : Yes/No Lpp To
1. The Collector, Thiruvallur District, Thiruvallur.
2. The Assistant Director (Village Panchayat), Thiruvalangadu Panchayat Union, Thiruvallur District.
3. The Block Development Officer, Thiruvalangadu Panchayat Union, Thiruvallur District.
4. The President, Thazhavedu Village Panchayat, Thiruvalangadu Panchayat Union, Thiruvallur District.
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G.K.ILANTHIRAIYAN.J Lpp W.P No.9780 of 2012 26.09.2023 4/4