C. Sugapriya v. P. Shanthi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)No.2053 of 2023 C.Sugapriya ... Appellant Vs.

1. P.Shanthi

2. The State of Tamil Nadu, Represented by its Secretary, Department of Rural Development and Panchayat Raj, Fort St.George, Chennai - 600 009.

3. The District Collector, Madurai District, Madurai.

4. The Block Development Officer, T.Kallupatti Panchayat Union, T.Kallupatti, Madurai District.

... Respondents 1/6

Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD)No.4825 of 2020 dated 21.12.2022 on the file of this Court. For Appellant : Mr.Mohamed Zamil, For M/s.Ajmal Associates.

For Respondents : Mr.S.Sadeskumar for R1.

Mr.A.Kannan, Addl. Government Pleader for R2 & R3.

Mr.M.Sarangan, Addl. Government Pleader for R4.

JUDGMENT

(By G.R.SWAMINATHAN, J.) This writ appeal is directed against the order dated 21.12.2022 made in W.P.(MD)No.4825 of 2020 filed the first respondent / P.Shanthi. 2.The case on hand pertains to the appointment to the post of Panchayat Secretary of Mathakarai Village. The appellant herein was selected. Challenging the same, the first respondent who was also one of the aspirants for the post of Panchayat Secretary filed W.P.(MD)No.4825 2/6

of 2020. The learned Single Judge set aside the appointment of the appellant and allowed the writ petition on the ground that even by applying objective parameters, it was the writ petitioner who should have been selected and not the appellant. Questioning the same, this writ appeal has been filed.

3.When the writ appeal was taken up for hearing, we suggested to the authorities that since the appellant has been working from the year 2019, she could be accommodated in any one of the vacancies available in the very same union.

4.The learned Additional Government Pleader submitted that there is vacancy in the post of Panchayat Secretary in Chittulotti Village. The appellant is agreeable to be posted in Chittulotti Village. Considering the special facts and circumstances of this case, we direct the Block Development Officer, T.Kallupatti to transfer the appellant from Mathakarai Village to Chittulotti Village and post her as Panchayat Secretary. This shall be done immediately. Since there will be resulting vacancy in Mathakarai Village, the writ petitioner shall be 3/6

accommodated and posted there. The writ petitioner will be entitled to salary only from the date when she joins in the post and her seniority will be reckoned only from the said date.

5.This writ appeal is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S. J.,) & (K.R.S. J.,) 27.06.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1. The Secretary, Department of Rural Development and Panchayat Raj, Fort St.George, Chennai - 600 009.

2. The District Collector, Madurai District, Madurai.

3. The Block Development Officer, T.Kallupatti Panchayat Union, T.Kallupatti, Madurai District.

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5/6

G.R.SWAMINATHAN, J.

and K.RAJASEKAR, J.

ias 27.06.2025 6/6