Madras High CourtWP/4727/2008disposed of

S. Sahaya Bhuvaneswari v. The Commissioner Of Town

2018-09-03Honourable Mr Justice C. Saravanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2018

CORAM:

THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.No.4727 of 2008 and W.M.P.No.1 of 2008 S.Sahaya Bhuvaneswari ... Petitioner Vs.

1.The Commissioner of Town Panchayats, Kuralagam, Chennai - 600 108.

2.The Director of Public Health and Preventive Medicine, Chennai - 600 005.

3.The District Collector, Tiruchirapalli District, Tiruchirapalli.

4.The District Collector, Karur District, Karur.

5.The District Collector, Perambalur District, Perambalur.

6.The District Collector, Ariyalur District, Ariyalur.

7.The State of Tamil Nadu rep. by its Secretary to Government, Municipal Administration & Water Supply Department, Fort St. George, Chennai - 600 009.

...Respondents

(R7-impleaded as per Court order dated 24.09.2008 in M.P.No.2 of 2008 in W.P.No.4727 of 2008).

Prayer:

Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus and calling for the records of the first respondent in Na.Ka.No.25218/2007/A3 dated 24.10.2007, to quash the same and issue consequential directions to the respondents to promote the petitioner as Sanitary Inspector with effect from the date of promotion of her immediate junior in any of the Panchayat Corporations with all consequential service and monetary benefits.

For Petitioner : Mr.M.Ravi For Respondents : Mr.B.Suryanarayana Additional Government Pleader

O R D E R

The relief sought for in this writ petition is to call for the records of the first respondent in Na.Ka.No.25218/2007/A3 dated 24.10.2007, to quash the same and issue consequential directions to the respondents to promote the petitioner as Sanitary Inspector with effect from the date of promotion of her immediate junior in any of the Panchayat Corporations with all consequential service and monetary benefits.

2. The petitioner was appointed as "Field Assistant" on 26.11.1993, in Lalgudi Town Panchayat, Tiruchirapalli District. The petitioner's service was regularised on 22.12.1995, by the Executive Officer, Lalgudi Town Panchayat, Tiruchirapalli District. The petitioner had upgraded herself by obtaining Sanitary Inspector Diploma Certificate from All Indian Institute of Local Self Government, Bombay, in the year 1998. The petitioner produced the copy of the said certificate. As per G.O.Ms.No.1420, Rural Development and Local Administration Department, dated 16.10.1982, for a person to be appointed for the post of Sanitary Inspector by the Director of Public Health, Madras or from the National Council for Rural Higher Education, New Delhi is imposed.

3.The petitioner drew the attention of this Court as per the information furnished by the authorities under the provision of the Right to Information Act, 2005, the similarly placed persons namely, R.Sankar, N.Jeganathan, C.Suresh Kumar and G.Ramesh were appointed as Sanitary Inspector. Since the petitioner has also necessary qualification though not from the Institute as per G.O.Ms.No. 1420, Rural Development and Local Administration Department, dated 16.10.1982.

4. In view of the fact that the similarly placed persons having Diploma Certificate from other Institute had been appointed as Sanitary Inspector, the respondent is directed to consider the appointment of the petitioner on a par with the persons mentioned above in the letter dated 25.10.2007.

5. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar nmm/ia To 1.The Commissioner of Town Panchayats, Kuralagam, Chennai - 600 108.