Ganesan v. The Director Of Panchayats,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.10914 of 2019 A.Ganesan ... Petitioner vs.

1.The Director of Panchayats, Director of Panchayats Office, Kuralagam, Chennai - 108.

2.The District Collector, Tuticorin, Tuticorin District.

3.The Assistant Director, Regional Panchayats Office, Tirunelveli,Tirunelveli District.

4.The Executive Officer, Special Grade Town Panchayats, Tiruchendur,Tuticorin District.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents directing the respondents to consider the petitioner representation dated on 28.01.2019 08.02.2019 25.02.2019 and issue the Sanitary Supervisor appointment to the petitioner in the vacant place of the fourth respondent's office through seniority from the lower category employee of the above office. For Petitioner : Mr.C.Baskaran For Respondents : Mr.S.Angappan Government Advocate for R1 to R3 : Mr.Rajakarthikeyan for R4

ORDER

The Writ Petition is filed seeking a direction to the

respondents to consider the petitioner's representations, dated 28.01.2019, 08.02.2019 and 25.02.2019 and issue the Sanitary Supervisor appointment to the petitioner in the vacant place of the fourth respondent's office.

2. Heard the learned Counsel for the petitioner, the learned Government Advocate, who takes notice for the respondents 1 to 3 and the learned Counsel, who takes notice for the fourth respondent.

3. The case of the petitioner is that he was appointed as sanitary worker in the fourth respondent office on consolidated basis from 07.08.1998. Subsequently, his service has been regularized from 23.06.2006 by proceedings of the fourth respondent, dated 01.08.2006. According to the petitioner, the post of Sanitary Supervisor is at present, vacant in the fourth respondent office and he is the senior most person among other sanitary workers.

Hence, he made representations to the respondents dated 28.01.2019, 08.02.2019 and 25.02.2019 seeking to appoint him as Sanitary Supervisor in the fourth respondent office. However, the same have not been considered so far. Therefore, the petitioner has approached this Court by filing this writ petition.

4. The learned Government Advocate appearing for the respondents 1 to 3 as well as the learned Counsel appearing for the fourth respondent submitted that the representations of the petitioner would be considered by the respondents on merits, within a time frame as fixed by this Court.

5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned Counsel on either side, without going into the merits of the case, the respondents are directed to consider the last representation of the petitioner dated 25.02.2019 and pass appropriate orders on merits and in accordance with law, after an opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

6. The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS)

To 1.The Director of Panchayats, Director of Panchayats Office, Kuralagam, Chennai - 108.

2.The District Collector, Tuticorin, Tuticorin District.

3.The Assistant Director, Regional Panchayats Office, Tirunelveli, Tirunelveli District.

4.The Executive Officer, Special Grade Town Panchayats, Tiruchendur, Tuticorin District.

+1 CC to M/s.C.BASKARAN, Advocate ( SR-63687[F] dated 29/04/2019 ) +1 CC to M/s.SPL GP ( SR-64986[F] dated 02/05/2019 ) SSL W.P(MD) No.10914 of 2019 29.04.2019 MK/(20.05.2019) 3P 7C