Nithya.M v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.4684 of 2023 M.Nithya ... Petitioner vs.

1.The Principal Secretary, Tamil Nadu Rural Development and Panchayat Raj Department, Secretariat, Saint Fort George, Chennai 600 009.

2.The District Collector, O/o. the District Collector, Dindigul District 624 004.

3.The Additional Collector, O/o. the Additional Collector, Collectorate Complex, Dindigul District.

4.The Assistant Director, Rural and Auditing, Collectorate Campus, Dindigul District.

5.The Block Development Officer (BDO), Kujiliamparai Panchayat Union, Kujiliamparai, Dindigul District 624 208.

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6.Seenivasan 7.Jayapal ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to take necessary action against the respondents 4 to 7 for their illegal acts for the appointment and consequently directing the fifth respondent to conduct the interview in legal manner and to fill the vacancy of Office Assistant at Kujiliamparai Panchayt Union Office on the basis of the petitioner's representation, dated 23.02.2023 within the time stipulated by this Court.

For Petitioner : Mr.R.Sundar For R1 to R4 : Mrs.K.Christy Theboral Additional Government Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to take necessary action against the respondents 4 to 7 for their illegal acts and consequently direct the fifth respondent to conduct interview in a legal manner and to fill the vacancy of Office Assistant at Kujiliamparai Panchayt Union 2/6

Office, on the basis of the petitioner's representation, dated 23.02.2023 within the time stipulated by this Court.

2. The case of the petitioner is that she belongs to downtrodden community and she has applied for the post of Office Assistant at Kujiliamparai Panchayat Union. The petitioner has satisfied the requisite qualification. However, the fifth respondent appointed the private respondents in the said post without any qualification. Hence, the petitioner has made a detailed representation to the respondents 1 to 5 on 23.02.2023, to take necessary action to conduct interview for the vacancies at Kujiliamparai Panchayat Union. However, till date no order has been passed. Hence, the petitioner has filed the present writ petition.

3. Since no adverse order is going to be passed as against the private respondents, notice to the private respondents is dispensed with.

4. The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the fourth respondent to consider 3/6

the petitioner's representation dated 23.02.2023 and pass appropriate orders within a reasonable time as fixed by this Court.

5. Heard the learned counsel appearing for the petitioner and learned Additional Government Pleader appearing for the respondents.

6. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the fourth respondent to consider the petitioner's representation dated 23.02.2023 and pass appropriate orders, after providing opportunity to the respondents 6 and 7, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

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To 1.The Principal Secretary, Tamil Nadu Rural Development and Panchayat Raj Department, Secretariat, Saint Fort George, Chennai 600 009.

2.The District Collector, O/o. the District Collector, Dindigul District 624 004.

3.The Additional Collector, O/o. the Additional Collector, Collectorate Complex, Dindigul District.

4.The Assistant Director, Rural and Auditing, Collectorate Campus, Dindigul District.

5.The Block Development Officer (BDO), Kujiliamparai Panchayat Union, Kujiliamparai, Dindigul District 624 208.

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M.DHANDAPANI,J.

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