Kesavan.A v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH A.Kesavan

...Petitioner

Vs.

1.The State of Tamil Nadu represented by its Additional Chief Secretary, Revenue and Disaster Management Department, Government of Tamil Nadu, St. George Fort, Secretariat, Chennai - 600 009.

2.The Secretary, Personnel and Administrative Reforms (S) Department, Government of Tamil Nadu, St. George Fort, Secretariat, Chennai - 600 009.

3.The Commissioner of Revenue Administration, Commissionerate of Revenue Administration, Ezhilagam, Chapauk, Chennai - 600 005.

4.The District Collector, District Collectorate, Nagercoil, Kanniyakumari - 629 001.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records connected with the impugned order, dated 05.02.2021 issued by the respondent No.4 and quash the same is illegal and consequently direct the respondents to appoint the petitioner as a VAO as per G.O.(Ms.) No.70 of 2019, dated 25.02.2019, in accordance with law and within the time stipulated by this Court. For Petitioner : Mr.R.Alagumani For Respondents : Mrs.VPM.Vaishnavi Government Advocate

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 2.The petitioner herein is a retired Village Administrative Officer. By placing reliance on G.O.(Ms.) No.70 of 2019, dated 25.02.2019, he seeks for a direction for issuance of Writ of Mandamus to the respondents for appointing him to the post of Village Administrative Officer.

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3.The guidelines for appointing 1000 numbers of retired Village Administrative Officer in the Districts on consolidated pay, has been stipulated under the aforesaid Government order and in case, the District Collectors are of the view that such retired Village Administrative Officers are required to be appointed, the procedure to be adopted could be as per the norms prescribed under the G.O. (Ms.) No.70 of 2019, dated 25.02.2019. Merely, because the petitioner herein is a retired Village Administrative Officer, there cannot be a preferencial treatment to him.

4.However, if the petitioner is of the view that he meets the requirements under G.O.(Ms.) No.70 of 2019, dated 25.02.2019, it will be open to him to participate in the selection, if called for by the concerned District Collectors. As such, the prayer sought for in the present writ petition cannot be considered. 5.Hence, the writ petition stands dismissed. No costs. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) TM NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Additional Chief Secretary, State of Tamil Nadu Revenue and Disaster Management Department, Government of Tamil Nadu, St. George Fort, Secretariat, Chennai - 600 009.

2.The Secretary, Personnel and Administrative Reforms (S) Department, Government of Tamil Nadu, St. George Fort, Secretariat, Chennai - 600 009.

3.The Commissioner of Revenue Administration, Commissionerate of Revenue Administration, Ezhilagam, Chapauk, Chennai - 600 005.

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4.The District Collector, District Collectorate, Nagercoil, Kanniyakumari - 629 001.

+1 CC to M/s.R.ALAGUMANI, Advocate ( SR-11726[F] dated 17/03/2021 ) +1 CC to M/s.SPL GP ( SR-12021[F] dated 17/03/2021 ) 16.03.2021 RK (24.04.2021) 3P 7C 3/3