E.Suresh, v. The Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21-06-2018

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.15703 of 2013 And M.P.No.1 of 2013 E.Suresh ..

Petitioner

Versus

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

2.The Additional Director (Panchayats), Office of the Collectorate, Villupuram District, Villupuram.

3.The Block Development Officer, (Village Panchayat), Mylam Village Panchayat, Kutteripattu Taluk, Tindivanam Taluk, Villupuram District.

4.Rettannai Village Panchayat, Represented by its President, Rettannai Village and Post, Tindivanam Taluk, Villupuram District-604 306.

5.Sankar ..

Respondents PRAYER:

Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to give effect and implement the Resolution dated 29.3.2013 passed by the Appointment Committee of the 'Rettannai Village Panchayat', Mylam Panchayat Union, Villupuram District in the selection of the petitioner for the post of 'Panchayat Clerk' at 'Rettannai Village Panchayat', Mylam Panchayat Unbion, Villupuram District.

For Petitioner : Mr.C.P.Sivamohan For Respondents-1&2 : Mrs.A.Sri Jayanthi, Special Government Pleader.

For Respondents-3&4 : No Appearance For Respondent-5 : Mr.T.G.Gowrisankar

ORDER

The relief sought for in this writ petition is for a direction to direct the respondents to give effect and implement the Resolution dated 29.3.2013 passed by the Appointment Committee of the Rettannai Village Panchayat, Mylam Panchayat Union, Villupuram District for the post of Panchayat Clerk.

2. The learned counsel, appearing on behalf of the writ petitioner, states that the writ petitioner has been selected for appointment to the post of Panchayat Clerk and the Resolution to this effect had been passed by the President of the Panchayat and also by the Appointment Committee. However, the post of President ceased to exist as of now and the Special Officers are appointment to those Panchayats. Further, the Resolution passed in the year 2013 for appointment, cannot be implemented now after a lapse of five years.

3. Further, it is admitted that the writ petitioner has not been appointed so far. This being the factum, the regular selection process in accordance with the recruitment rules are to be undertaken by the respondents in appointments and if the writ petitioner is otherwise eligible and qualified in accordance with the Rules, he is also eligible to participate in the process of selection.

4. With these observations, the writ petition stands closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar

Svn To 1.The Collector, Office of the Collectorate, Villupuram District, Villupuram.

2.The Additional Director (Panchayats), Office of the Collectorate, Villupuram District, Villupuram.

3.The Block Development Officer, (Village Panchayat), Mylam Village Panchayat, Kutteripattu Taluk, Tindivanam Taluk, Villupuram District.

4.The President, Rettannai Village Panchayat, Rettannai Village and Post, Tindivanam Taluk, Villupuram District-604 306.

+1cc to Government Pleader in sr.no.39554 W.P.No.15703 of 2013 nr 28/06/2018