M.Sankaran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.11.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.33225 of 2019 M.Sankaran ... Petitioner Vs.
1. The District Collector, Thiruvannamalai District, Thiruvannamalai.
2. The Special Officer / Block Development Officer, Cheyyar Panchayat Union, Cheyyar Taluk, Thiruvannamalai District.
... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent herein to conduct an enquiry in regard to appointment to the post of Panchayat Secretary in Perungulathur Panchayat by affording opportunity to all concerned parties in the light of records pertaining to the selection and the Rights of persons with Diabilities Act,2016 and to consider the relative merit and eligibility of the petitioner herein for appointment by direct recruitment to the aforesaid post.
For Petitioner : Mr.M.Ravi For Respondents : Mr.R.S.Suresh Kumar for R1 MR.J.H.Iniyan for R2
O R D E R
This writ petition has been filed by the petitioner seeking for a direction to the 1st respondent herein to conduct an enquiry in regard to appointment to the post of Panchayat Secretary in Perungulathur Panchayat by affording opportunity to all concerned parties in the light of records pertaining to the selection and the Rights of persons with Disabilities Act, 2016 and to consider the relative merit and eligibility of the petitioner herein for appointment by direct recruitment to the aforesaid post.
2.
The case of the petitioner is that he is a Permanent Physically handicapped person and fully qualified and eligible to be appointed to the post of Panchayat https://hcservices.ecourts.gov.in/hcservices/
Secretary in Cheyyar Taluk of Thiruvannamalai District and hence, in pursuance to Notification dated 26.03.2018 issued by the 2nd respondent herein, the petitioner participated in the selection process. Further, he was called for an interview by the 2nd respondent vide proceedings dated 30.07.2018. Accordingly, the petitioner attended the interview but without asking any questions, the respondents had completed the interview process and appointed a person to the post of Panchayat Secretary. In this regard, the petitioner submitted a representation dated 30.08.2018. Challenging the said appointment be illegal, the petitioner filed this writ petition.
4.
When the matter is taken up for hearing, the learned counsel for the petitioner confined his argument and submitted that it would be suffice if a direction is given to the respondents to consider the representation of the petitioner dated 30.08.2018.
5.
Heard the submission of both sides and perused the material placed before it.
6.
Though the petitioner has sought for a larger relief, this Court without going into the merits of the case, directs the respondents to consider the representations of the petitioner dated 30.08.2018 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of copy of this order. 7.With the above direction, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar rka To
1. The District Collector, Thiruvannamalai District, Thiruvannamalai.
2. The Special Officer / Block Development Officer, Cheyyar Panchayat Union, Cheyyar Taluk, Thiruvannamalai District.
+1cc to Mr.M.Ravi, Advocate, S.R.No. 99523 W.P.No.33225 of 2019 RGN(CO) GN(09/01/2020) https://hcservices.ecourts.gov.in/hcservices/