Alice Padmavathi v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.01.2016

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P. No.2033 of 2016 & W.M.P.No.1777 of 2016 Alice Padmavathi .. Petitioner Vs.

1.The Tahsildar, Virudhachalam Taluk, Virudhachalam, Cuddalore District.

2.The District Collector, Cuddalore District, Cudddalore.

3.The Secretary to Government, Revenue Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to permit the petitioner to join duty with consequential benefits as Village Assistants in the Villages in which he has been appointed and posted as Village Assistants by orders of Tahsildar, Virudhachalam in Na.Ka.No.3/15127/2007 dated 30.04.2007.

For Petitioner : Mr.Ralph V.Manohar For Respondents : Mr.L.Mahendran Government Advocate

O R D E R

By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

2.The case of the petitioner is that she along with six other persons were selected as Village Assistants in Virudhachalam Taluk in Cuddalore District. The appointment orders were also issued, however, they were not permitted to join duty. Challenging the action, the other selected candidates

were filed a Writ Petition in W.P.No.37231 of 2007 and this Court, by order dated 29.09.2015, directed the first respondent to issue a fresh and appropriate order to the petitioners, within a period of 15 days. As per the order of this Court, the petitioners in the Writ Petition had joined duty. The petitioner would further state that she is also entitled for the same benefit. Therefore, she made a representation dated 08.01.2016 to the third respondent. Since no order has been passed, the present Writ Petition has been filed.

3.Heard the submissions of Mr.Ralph V.Manohar, learned counsel appearing for the petitioner and Mr.L.Mahendran, learned Government Advocate, who accepts notice on behalf of the respondents.

4.This Court, taking into consideration the above facts and circumstances and without going into the merits of the same, directs the respondents 1 and 2 to consider the representation of the petitioner dated 08.01.2016 and pass orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, by taking into consideration of the order passed in W.P.No.37231 of 2007 and communicate the decision taken to the petitioner. 5.The Writ Petition is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government, Revenue Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.The District Collector, Cuddalore District, Cudddalore.

3.The Tahsildar, Virudhachalam Taluk, Virudhachalam, Cuddalore District.

+2 cc to M/S.Ralph V.Manohar, Advocate Sr.3377 W.P. No.2033 of 2016 & W.M.P.No.1777 of 2016 tej[co] srg 17/02/2016