D.Devarajan v. The District Collector (Pd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2024

CORAM:

THE HONOURABLE DR. JUSTICE D.NAGARJUN and M.P.No.1 of 2015 D.Devarajan

...Petitioner

Vs The District Collector (PD Section)- Panchayat Development Tiruvannamalai District.

...Respondent

Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records pertaining to the order bearing ROC No.1976/2014/PA3 dated 25.02.2014 passed by the respondent and quash the same and further direct the respondent herein to consider the case of the petitioner for appointment to the post of Jeep Driver from 07.07.2008 notionally, the date on which similarly situate employee has been appointed as Jeep Driver with all consequential benefits.

For petitioner : Mr.R.Rajmohan for Mr.K.S.Viswanathan For respondent : Mr.S.Ravikumar Special Government Pleader 1/4

ORDER

This writ petition is filed seeing for a certiorarified mandamus to quash the orders passed by respondents in ROC No.1976/2014/PA3 dated 25.02.2014 and further direct the respondents to consider the petitioner for appointment to the post of Jeep Driver w.e.f. 07.07.2008 as was done in the case of other employees who were similarly place to that of the petitioner.

2.

The learned Special Government Pleader appearing for the respondent has submitted that the counter affidavit has already been filed basing on the claim of the petitioner and also submitted that the rules will not permit to promote the petitioner as a Jeep Driver. Though it is submitted that similarly placed persons to that of the petitioner were given benefits, the names of those persons who were given such benefits were not mentioned in the affidavit.

3.

The learned counsel for the petitioner submitted that as on date the petitioner has attained the age of superannuation and he is 67 years now and even if, this writ petition is considered the petitioner 2/4

cannot be appointed and hence, cause does not survive any more in this writ petition.

4. Recording the same, this Writ Petition is dismissed as having become infructuous. Consequently, connected miscellaneous petition is closed. No costs.

31.01.2024 vca Internet :

Yes/No Index :

Yes/No Citation :

Yes/No To The District Collector (PD Section)- Panchayat Development Tiruvannamalai District.

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Dr.D.NAGARJUN.J, vca and M.P.No.1 of 2015 31.01.2024 4/4