M.Palani, S/O.Murugesan, v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.08.2023 CORAM :
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P. Nos. 34218, 34219, 34220 & 34221 of 2014 M.Palani .. Petitioner in W.P.No.34218 of 2014 M.Manimegaai .. Petitioner in W.P.No.34219 of 2014 R.Ramajeyam .. Petitioner in W.P.No.34220 of 2014 T.Annamalai .. Petitioner in W.P.No.34221 of 2014 -Vs1.The Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.
2.The Additional Chief Secretary and Commissioner of Revenue Administration, Chepauk, Chennai - 600 005.
3.The District Collector, Thiruvannamalai District, Thirivannamalai - 606 604.
4.The Revenue Divisional Officer, Thiruvannamalai - 606 601.
5.The Tahsildar, Chengam Taluk Office, Chengam - 606 709, Thiruvannamalai District.
.. Respondent in all WPs 1 / 7
Prayer in W.P.No.34218 of 2014: Writ Petitions under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the 5th respondent in Letter No.Na.Ka.No.A3/5279/2014 dated 04.04.2014 signed on 08.04.2014 and quash the same and consequently, direct the respondents to consider and pay all the service benefits due to the petitioner on par with his juniors in the Village Assistant post by name M/s.Mariappan, Jaysankar, Pachaiappan, Saravanan and Arulmani within a time frame to be stipulated by this Court. Prayer in W.P.No.34219 of 2014: Writ Petitions under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the 5th respondent in Letter No.Na.Ka.No.A3/5279/2014 dated 04.04.2014 signed on 08.04.
2014 and quash the same and consequently, direct the respondents to consider and pay all the service benefits due to the petitioner on par with his juniors in the Village Assistant post by name Tmt.Indirani, Tmt.Mahalakshmi, Tmt.Saritha and Tmt.Baby within a time frame to be stipulated by this Court. Prayer in W.P.No.34220 of 2014: Writ Petitions under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the 5th respondent in Letter No.Na.Ka.No.A3/5279/2014 dated 04.04.2014 signed on 08.04.
Village Assistant post by name V.Ravi within a time frame to be stipulated by this Court.
Prayer in W.P.No.34221 of 2014: Writ Petitions under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the 5th respondent in Letter No.Na.Ka.No.A3/5279/2014 dated 04.04.2014 signed on 08.04.2014 and quash the same and consequently, direct the respondents to consider and pay all the service benefits due to the petitioner on par with his juniors in the Village Assistant post by name M/s.Kaliappan, Govindaraj, Kupanadhan, Kovindaraj, Baskaran, Ajunan, Venkatesan, Arjunan and Kovindan within a time frame to be stipulated by this Court.
(In all writ petitions) For Petitioner : Mr.M.Jaisingh for Mr.A.Sivaji For Respondents : Mr.V.Velusamy, Additional Government Pleader C O M M O N O R D E R These writ petitions have been filed challenging the order passed by the 5th respondent in Letter No.Na.Ka.No.A3/5279/2014 dated 04.04.2014 3 / 7
signed on 08.04.2014, thereby rejecting the request made by the petitioners to fix the salary and other service benefits on par with their juniors.
2. The petitioners were sponsored by the Employment Exchange for the post of Village Assistant, called for by the 5th respondent. Thereafter, they were directed to attend interview on 20.09.2007 and accordingly, many candidates attended the interview including the petitioners herein. After interview, a list of selected candidates was prepared and they were appointed as Village Assistants in various villages whereas the petitioners were not selected for the post of Village Assistant in due consideration of the qualifications, performance and preference stipulated by the Government. They have no merit consideration in the interview, in view of the fact that the selection of the candidates from the Employment Exchange list being 1:5 ratio fixed by the Government. Further, there is no hard and fast rule prescribing the list sponsored by the Employment Exchange itself is a seniority list for the selection of the said post.
3. Further the petitioners have been appointed as Village Assistant in their respective village on 30.04.2010 as directed by the Revenue Divisional 4 / 7
Officer, Thiruvannamalai, by proceedings dated 25.04.2012, whereas the persons who referred by the petitioners were appointed as early as on 13.02.2008 itself in the post of Village Assistant. Therefore, the 5th respondent had rightly rejected the claim of the petitioners and hence, this Court finds no infirmity or illegality in the order passed by the 5th respondent and these writ petitions are devoid of merits.
4. Accordingly, these writ petitions stand dismissed. There shall be no order as to costs.
03.08.2023 Index : Yes/No ata 5 / 7
To 1.The Secretary, Revenue Department, Fort St.George, Chennai - 600 009.
2.The Additional Chief Secretary and Commissioner of Revenue Administration, Chepauk, Chennai - 600 005.
3.The District Collector, Thiruvannamalai District, Thirivannamalai - 606 604.
4.The Revenue Divisional Officer, Thiruvannamalai - 606 601.
5.The Tahsildar, Chengam Taluk Office, Chengam - 606 709, Thiruvannamalai District.
G.K.ILANTHIRAIYAN , J.
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