Madras High CourtWP/34752/2023disposed of

M.Manikandan v. Tamil Nadu Government

2025-03-28Honourable Mrs Justice V.Bhavani Subbaroyan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.34752 of 2023

1. M. Manikandan,

2. I. Saravana Kumar

3. P.Narayanan

4. K.Saravanan

5. M.Nithyakalyan

6. M.Karthikeyan

7. B.Shanmuganathan

...Petitioners

1. Tamil Nadu Government represented by its Principal Secretary Municipal Administration, Urban and Water supplies Fort St.George, Chennai 600 009

2. Director of Town Panchayat 27CF+FCG, MRC Nagar, Raja Annamalai Puram, Chennai - 600 028

3. The District Collector Virthunagar District

4. The District Collector Dindigul District

5. The District Collector Thoothukudi District 1/7

6. The District Collector Chengalpattu District

7. The Executive Officer Sundarapandian Town Panchayat Virudhunagar District

8. The Executive Officer Thadikombu Town Panchayat Dindigul District

9. The Executive Officer, Athur Town Panchayat Thoothukudi District

10. The Executive Officer Mahabalipuram town Panchayat Chengalpattu

11. The Executive Officer, Sawyerpuram Town Panchayat Thoothukudi District.

12. The Executive Officer Arumuganer Town Panchayat, Thoothukudi District.

13. The Executive Officer, S.Kodikulam Town Panchayat Virudhunagar District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to consider the representation of the petitioners dated 11.01.2021, 08.06.2023, 05.06.2023, 12.08.2022, 23.10.2020,11.01.2021 and 2/7

05.06.2023 accordingly appoint them for the post of Junior Assistant/Steno Typist/typist based on their Educational qualification as per the recommendation of the respondent dated 16.06.2023 and the proceedings of the second respondent in Na.Ka.No.19/2019/A9 dated 14.02.2019 and pass orders.

For Petitioners : Mr.S. Suneetha For Respondents : Mrs. C. Meera Arumugam, AGP

ORDER

This petition is filed seeking to issue a Writ of Mandamus directing the respondents herein to consider the representation of the petitioners dated 11.01.2021, 08.06.2023, 05.06.2023, 12.08.2022, 23.10.2020,11.01.2021 and 05.06.2023 accordingly appoint them for the post of Junior Assistant/Steno Typist/typist based on their Educational qualification as per the recommendation of the respondent dated 16.06.2023 and the proceedings of the second respondent in Na.Ka.No.19/2019/A9 dated 14.02.2019 and pass orders.

2. The facts of the case is that the father of the second,third, fourth and seventh petitioners worked as Sanitary Supervisor in the 3/7

Respondent/Department and passed away. The father of the first and sixth petitioners worked as sanitary worker and Mini Lorry driver in the Respondent Department and passed away. Pursuant to which the petitioners made representation before the respondents during the year 2021,2022 and 2023 to provide compassionate grounds and the same was not considered. Hence, this petition.

3. The learned counsel appearing for the petitioners submitted that the 8th respondent has made recommendations on 16.06.2023 to the fourth respondent/District Collector, Dindigul to consider the case of the second petitioner and the second respondent vide order dated 14.02.2019 in Na.Ka.No.19/2019/A9 has also recommended the same to the first respondent. Hence, prays to allow this petition.

5. The learned Government Advocate appearing for the respondents 1 to 6 submits that the representation of the petitioners will be considered on merits and in accordance with law. 4/7

6. Considering the facts and circumstances of the case, this Court without expressing any opinion on the merits of the case, directs the first respondent to consider the petitioners representation and pass orders on merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioner, within a period of sixteen weeks from the date of receipt of a copy of this order.

7. With the above observations this writ petition stands disposed of. No order as to costs.

28.03.2025 Index:Yes/No Speaking order/Non-speaking order smn 5/7

To.

1. The Principal Secretary Municipal Administration, Urban and Water supplies Fort St.George, Chennai 600 009

2. Director of Town Panchayat 27CF+FCG, MRC Nagar, Raja Annamalai Puram, Chennai - 600 028

3. The District Collector,Virthunagar District