A.Anandan v. The Block Development Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.26221 of 2022 and WMP.Nos.25304 & 25305 of 2022 A.Anandan ... Petitioner Vs.

1.The Block Development Officer, (V.P), Thandrampattu, Thiruvannamalai District 2.The President, Kolundhampattu Village Panchayat, Thandrampattu Panchayat Union, Thandrampattu Taluk, Thiruvannamalai District 3.K.Chakkaravarthi 4.The District Collector, Thiruvannamalai District, Thiruvannamalai (4th respondent impleaded vide order dated 20.10.2022 made in WMP.No.27021/2022 in WP.No.26221 of 2022) ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Certiorarified Mandamus calling for the entire 1/6

records relating to the impugned order passed by the second respondent in her proceedings Na.Ka.Ko.Uu.2/2021 dated 12.05.2022 and quash the same and consequently directing the respondents 1 and 2 to appoint the petitioner as Panchayat Secretary in Kolundhampattu Village Panchayat, Thandrampattu Panchayat Union, Thandrampattu Taluk, Thiruvannamalai District.

For Petitioner : Mr.C.Prakasam For Respondents For R1 & 2 : Ms.E.Ranganayaki, Additional Government Pleader For R3 : Mr.N.Ramesh For R4 : Mr.A.M.Ayyadurai, Government Advocate

O R D E R

This writ petition has been filed challenging the order of the second respondent dated 12.05.2022 thereby appointed the third respondent as Panchayat Secretary for Kolunthampattu Village Panchayat.

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2.

Heard, the learned counsel appearing on either side. 3.

The petitioner is qualified with +2 and diploma in E.C.E. He registered his name in Employment Exchange. There was vacancy for the post of Panchayat Secretary in the Kolunthampattu Village Panchayat in Thandrampattu Panchayat Union in Tiruvannamalai District. He applied for the said post and he received interview card by the proceedings dated 03.03.2020. He had appeared for interview on 13.03.2020 along with all educational qualification certificates and other required documents. However, no appointment order was issued and as such, the petitioner approached this Court in WP.No.11721 of 2020 for direction. At the time of hearing, the first respondent produced a copy of the order passed by the second respondent thereby appointed the third respondent for the post of Panchayat Secretary. The said appointment order has been challenged in this writ petition on the ground that the second respondent is not competent to appoint the third respondent to the post of Panchayat Secretary since the first respondent only conducted interview. 3/6

4.

On perusal of the counter filed by the first respondent revealed that in respect of the Kolunthampattu Village Panchayat, a notification was issued on 09.11.2019 by the first respondent since the President for the said Panchayat had not been elected for the reason 'no panchayat election was held'. Therefore, the first respondent acted as Special Officer for the said panchayat. Thereafter, in the month of January 2020, panchayat elections were held and the President was elected in the election. The first respondent issued call letter for interview to be held on 13.03.2020. Accordingly, the first respondent appointed an Officer to conduct interview for the post of Panchayat Secretary. The interview Committee members are the second respondent, Zonal Deputy Block Development Officer (Zone-2), Panchayat Secretary in charge.

They conducted interview on 13.03.2020 and after considering the applications and other documents, the second respondent had appointed the third respondent as Panchayat Secretary. Therefore, the second respondent is competent to appoint the third respondent as Panchayat Secretary.

the impugned order passed by the second respondent. As such, this writ petition lacks of merits and the same is liable to be dismissed. 5.

Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

24.01.2024 Internet: Yes Index: Yes/No Speaking/Non-speaking order lok 5/6

G.K.ILANTHIRAIYAN, J.

lok To 1.The Block Development Officer, (V.P), Thandrampattu, Thiruvannamalai District 2.The President, Kolundhampattu Village Panchayat, Thandrampattu Panchayat Union, Thandrampattu Taluk, Thiruvannamalai District 3.The District Collector, Thiruvannamalai District, Thiruvannamalai 24.01.2024 6/6