N.Ramanathan v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN N.Ramanathan ... Petitioner Vs

1. The Secretary, Rural Panjayath and Development Department, S.George Fort, Secretariat, Chennai - 600 009.

2. The District Collector, Office of the District Collectorate, Villupuram District, Villupuram.

3. The Sub Collector, Office of the Sub Collectorate, Jaggampet, Tindivanam, Town & Taluk, Villupuram Disrict.

4. The Panchayat Development Officer, Office of the Block Development Office, Tiruvannamalai Road, Gingee Town & Taluk - Pin Code - 604 2020.

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5. The Assistant Executive Engineer, Office of the TWAD Department, Gingee Taluk Office Campus, Gingee Town & Taluk - 604 202,

6. The Village President, Office of the President, Pudupalayam Village, Pakkam Post, Gingee Taluk - 604 159, ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the fourth respondent to consider the petitioner representation dated 10.04.2024. For Petitioners : Mr. P.Thirumalai For Respondents : Mr. Yogesh Kannadasan, Special Government Pleader (for R1 to R3 & R5) Mrs. E.Ranganayaki, Additional Government Pleader (for R4 & R6)

O R D E R

This Writ Petition has been filed for directing the fourth respondent to consider the representation dated 10.04.2024 made by the petitioner seeking terminal benefits.

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2. The petitioner was working as Tank Operator in the sixth respondent/Panchayat. He was appointed by the sixth respondent without following any procedure under law. The petitioner was appointed by the sixth respondent on his own. Now, after attainment of superannuation, the petitioner sought for all benefits, as if he is a Government employee. First of all, the Tank Operator cannot be compared with the Government employee. Apart from that the petitioner was not appointed by due process of law. Therefore, the representation dated 10.04.2024 submitted by the petitioner cannot be considered and the Writ Petition is liable to be dismissed.

3. Accordingly, this Writ Petition is dismissed. No costs. 03.07.2024 Index:Yes/No kv 3/5

To

1. The Secretary, Rural Panjayath and Development Department, S.George Fort, Secretariat, Chennai - 600 009.

2. The District Collector, Office of the District Collectorate, Villupuram District, Villupuram.

3. The Sub Collector, Office of the Sub Collectorate, Jaggampet, Tindivanam, Town & Taluk, Villupuram Disrict.

4. The Panchayat Development Officer, Office of the Block Development Office, Tiruvannamalai Road, Gingee Town & Taluk - Pin Code - 604 2020.

5. The Assistant Executive Engineer, Office of the TWAD Department, Gingee Taluk Office Campus, Gingee Town & Taluk - 604 202,

6. The Village President, Office of the President, Pudupalayam Village, Pakkam Post, Gingee Taluk - 604 159, 4/5

G.K.ILANTHIRAIYAN, J.

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