P.Kesavan, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2019

CORAM:

THE HONOURABLE Dr. JUSTICE ANITA SUMANTH Writ Petition No.31077 of 2017 P.Kesavan ..... Petitioner vs.

1. The District Collector, Collectorate Office, Sathuvacherry, Vellore District.

2. The Assistant Commissioner/Director, Panchayat Union, Vellore District.

3. The Block Development Officer, K.V.Kuppam Block, Vellore District.

... Respondents Prayer:- Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the petitioners' representations dated 03.07.2017 and 17.07.2017 seeking appointment of the petitioner as permanent employee as water pump operator in Duraimulai village, Kankuppam Post, Katpadi Taluk, Vellore District.

For Petitioner : Mr. D.Thirumoorthy For Respondents: Mr. V.Jayaprakash Narayanan, Spl.G.P. - R1 & R2 No appearance - R3

O R D E R

The limited prayer in this Writ Petition is for a direction directing the respondents to consider the petitioners' representations dated 03.07.2017 and 17.07.2017 seeking appointment as a permanent employee as water pump operator in Duraimulai village, Kankuppam Post, Katpadi Taluk, Vellore District.

2. The petitioner states that he was employed as a water pump operator in his village panchayat union on a salary of Rs.1,000/- per month. He was in service for 10 years. He states that while he was in service, on 22.12.2016, while climbing the stairs to reach the overhead tank, he had slipped and lost his balance and had fractured his right leg. He was thereafter not in a position to continue his service.

3. Despite his repeated requests to the panchayat union seeking financial assistance, he states that there was no move to help him and on the contrary, even his wages of Rs.1,000/- per month were not paid. According to him, the arrears of wages amounts to Rs.12,000/-.

4. Setting out the above facts, he filed a representation dated 03.07.2017 to the District Collector, Vellore. It appears that the District Collector has forwarded the petition to the second and third respondents, the Assistant Commissioner/Director of Panchayat Union and the Block Development Officer of K.V.Kuppam Block for appropriate orders. However, no action has been taken by the officials thereafter. Hence this Writ Petition.

5. Despite several opportunities having been granted to the respondents to file a counter as well as to make their submissions, no response is forthcoming. When the matter was listed on 11.04.2019, final opportunity was granted to file a counter. However, when the matter is called today, there is no representation on behalf of the respondents neither is there a counter.

6. In the light of the aforesaid, I believe that it would suffice in the interests of justice to direct the third respondent - Block Development Officer, K.V.Kuppam Block, Vellore District to consider the representations of the petitioner dated 03.07.2017 and 17.07.2017 and pass orders after hearing him by issuance of notice, within a period of four (4) weeks from the date of receipt of a copy of this order.

7. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(AD-IV) //True copy// Sub Assistant Registrar sl

To

1. The District Collector, Collectorate Office, Sathuvacherry, Vellore District.

2. The Assistant Commissioner/Director, Panchayat Union, Vellore District.

3. The Block Development Officer, K.V.Kuppam Block, Vellore District.

+1cc to Ms.S.P.Arthi, Advocate SR.No.37463 Writ Petition No.31077 of 2017 MP(CO) GMY(31/05/2019)