Madras High CourtWP(MD)/2352/2021dismissed

Veni. S v. The District Collector

2022-04-12Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD) No.2352 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.2352 of 2021 and W.M.P.(MD) No.1951 of 2021 S.Veni ... Petitioner vs.

1.The District Collector Tirunelveli District Tirunelveli 2.The Assistant Director of Town Panchayats Tirunelveli Region Tirunelveli District 3.The Executive Officer Melacheval Town Panchayat Melacheval, Tirunelveli District 4.T.Velammal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents 2 and 3 to appoint the petitioner in the post of priority sweeper post laying vacant at 3rd respondent Panchayat in the light of the interview conducted on 08.09.2020 based on the call letter issued to the petitioner dated 18.08.2020 as per the notification of the 2nd respondent dated 03.08.2020 within a time frame as fixed by this Court.

For Petitioner :

Mr.Balasubramaniam.R.

For Respondents :

Mr.A.K.Manikkam Special Government Pleader for R1 to R3

O R D E R

The relief sought for in this writ petition is to direct the respondents 2 and 3 to appoint the petitioner as Sweeper.

2. The learned counsel for the petitioner made a submission that the petitioner participated in the process of selection, however, she was not appointed as Sweeper.

3. The learned Special Government Pleader appearing for the respondents 1 to 3 made a submission that even as per the affidavit filed in support of the writ petition, the disability of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.2352 of 2021 petitioner is mentioned as 85%. Therefore, it may not be suitable for the petitioner to perform duty as Sweeper. Further, it is contended that pursuant to the selection process, no appointment has been made in favour of any of the candidates. In view of the fact that no appointment has been made, the question of granting the relief as such sought for does not arise at all.

4. Appointment can never be claimed as a matter of right. All appointments are to be made strictly in accordance with the Recruitment Rules. Eligibility and suitability of the candidates are to be assessed by the Selecting Authority. All such procedures are to be followed while undergoing the process of selection. In the present case, even though selection was conducted, nobody was appointed in the post of Sweeper and therefore, the relief as such sought for by the petitioner cannot be granted.

5. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) krk To:

1..The District Collector, Tirunelveli District, Tirunelveli.

2.The Assistant Director of Town Panchayats, Tirunelveli Region,Tirunelveli District.

3.The Executive Officer, Melacheval Town Panchayat, Melacheval, Tirunelveli District.

+1 CC to M/s.SPL.GP. ( SR-18577[F] dated 13/04/2022 ) +1 CC to M/s.R.BALASUBRAMANIAM, Advocate ( SR-19109[F] dated 18/04/2022 ) W.P.(MD) No.2352 of 2021 and W.M.P.(MD) No.1951 of 2021 12.04.2022 TP(CO) KB(21.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2