P.Govindan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 29.07.2020

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI WP.NO.5220 of 2013 P Govindan .. Petitioner - Vs - 1.The District Collector, Krishnagiri District.

2.The Tahsildar, Krishnagiri Taluk & District 3.The District Employment Officer, District Employment Office, Krishnagiri District.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of Mandamus, directing the respondent herein to include the petitioner's name in the ensuing panel for approval of appointment of Village Assistant, before attaining the age of 40 years, being prepared by the third respondent required to be filled in the arising vacancy, considering the previous service rendered by the petitioner. For Petitioners : Mr. V.Raghupathi For Respondents : Mr. S.Thangavel, Spl.G.P.

ORDER

The present writ petition has been filed by the petitioner to direct the respondent herein to include the petitioner's name in the ensuing panel being prepared by the third respondent for appointment as Village Assistant, before attaining the age of 40 years, in the arising vacancy by considering the previous service rendered by the petitioner.

2. According to the petitioner, the petitioner's father was employed as Village Assistant in the Village Panchayat and after demise of his father, the petitioner was engaged as Village Assistant. However, thereafter his services were not made permanent. In this regard, the petitioner made repeated representations to the respondent requesting permanent https://hcservices.ecourts.gov.in/hcservices/

appointment and since no order was passed on his representations, with left no other alternative, the petitioner filed this present writ petition with the above said prayer.

3. Learned counsel appearing for the petitioner submitted that without going into the merits of the case, it would be suffice, if this Court directs the respondents to consider the petitioner's representation dated 26.11.2012 and pass orders within a particular time as fixed by this Court.

4. On above contention this Court heard the submission of the learned Special Government Pleader appearing on behalf of the respondents who has no serious objection to such a direction being passed, if the representation is otherwise in order.

5. In view of the Limited relief sought for by the learned counsel for the petitioner, without going into the merits of the case, this Court directs the petitioner to submit a fresh copy of the said representation along with the copy of this order to the respondent within a period of two weeks from the date of receipt of a copy of this order and on such representation being filed, the 1st respondent is directed to consider the same, if papers are otherwise in order, and pass orders thereon on merits and in accordance with the law, within a period of three months thereafter.

6. With the above direction, this writ petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar jrs To 1.The District Collector, Krishnagiri District.

2.The Tahsildar, Krishnagiri Taluk & District 3.The District Employment Officer, District Employment Office, Krishnagiri District.

+1 cc to M/s.V.Raghupathy, Advocate Sr.No. 25573 +1 cc to The Government Pleader, Sr.No. 25744 WP.NO.5220 of 2013 SKS(CO) RMP(31/08/2020) https://hcservices.ecourts.gov.in/hcservices/