M.Rajaraman v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2023
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN M.Rajaraman ... Petitioner -Vs1. The Government of Tamil Nadu, represented by its Principal Secretary, St.George Fort, Chennai.
2. The District Collector, Office of District Collectorate, Villupuram-605602.
3. The Assistant Director of Town Panchayat, Old District Board Building Complex, Beach Road, Cuddalore-607001.
4. The Executive Officer, Tiruvennainallur Town-Panchayat, Villupuram District-607203.
... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for records pertaining to the order passed by the fourth Respondent vide Na.Ka. no.151-4/2022/A1, dated 11.10.2022, quash the same and consequently to direct the respondent to continue the Petitioner in Service as Sanitary worker (Domestic Breeding Checker) with fourth Respondent office with
continuing of service and all other consequential benefits. For Petitioner : Mr.K.Siva For R1 to R3 : Mr.M.Alagu Goutham Government Advocate For R4 : Mr.P.Sanjay Gandhi Government Advocate
ORDER
This Writ Petition has been filed challenging the order passed by the fourth respondent dated 11.10.2022 in Na.Ka.No.151-4/2022/A1, thereby disengaged the service of the petitioner as Sanitary Worker in the office of the fourth respondent.
2. Heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the materials available on record.
3. The petitioner was employed as a Sanitary Worker on temporary basis. He was engaged as a seasonal employee and whenever the services is required, he will be engaged. According to the petitioner, he was working as a Temporary (Mazdoor) in the cadre of Domestic Malaria Breeding Checker for the past 11 years. He was assigned with the duty of
repelling, spraying chemical in stagnant waters to prevent the breeding of mosquitos and to prevent mosquito breeding near residential areas. He was paid Rs.160/- as daily wages. Thereafter, he was appointed as a Domestic Malaria Breeding Checker by the fourth respondent by an order dated 18.08.2015. Without any notice, he was disengaged and some other persons were engaged in the said work.
4. A perusal of the order of appointment dated 18.08.2015 revealed that the petitioner was appointed as a temporary Mazdoor, on daily wage basis. Now in the said vacancies, the fourth respondent issued a notification dated 22.08.2022, calling for applications from eligible candidates to apply for the post of Domestic Malaria Breeding Checker. The petitioner also applied for the said post. However, he was not selected for the said post. Immediately, after the appointment of the selected candidates, the petitioner was disengaged by an order dated 11.10.2022 itself. After a period of one year, now the petitioner challenged the order passed by the fourth respondent seeking employment.
5. Therefore, the prayer sought for in this writ petition cannot be considered and the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this Writ petition stands dismissed. No costs. 22.08.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn/nsl
To
1. The Principal Secretary, The Government of Tamil Nadu, St.George Fort, Chennai.
2. The District Collector, Office of District Collectorate, Villupuram-605602.
3. The Assistant Director of Town Panchayat, Old District Board Building Complex, Beach Road, Cuddalore-607001.
4. The Executive Officer, Tiruvennainallur Town-Panchayat, Villupuram District-607203.
G.K.ILANTHIRAIYAN, J.
mn 22.08.2023