N.Udayappan, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2018
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.19696 of 2014 and M.P.(MD).No.1 of 2014 N.Udayappan
...Petitioner
Vs.
1.The District Collector, Collectorate Office, Sivagangai District.
2.The District Employment Officer, O/o. the District Employment Officer, Sivagangai, Sivagangai District.
3.The Tahsildar, Ilayankudi, Sivagangai District.
4.Jaya Lakshmi
...Respondents
PRAYER: Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the third respondent to appoint the petitioner as Village Assistant at Vijayankudi Revenue Village taking into account of the petitioner's employment seniority and other qualifications and in the light of the interview call letter dated 16.06.2014, issued by the third respondent within the period that may be stipulated by this Court. For Petitioner : Mr.Ajmal Khan Senior Counsel for M/s.Ajmal Associates For Respondents : Mr.J.Gunaseelan Muthiah Additional Government Pleader for R1 to R3 For Respondent No.4 :No Appearance ***
ORDER
Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice on behalf of the respondents 1 to 3 2.By consent of both parties, the main Writ Petition itself is taken up for final disposal.
https://hcservices.ecourts.gov.in/hcservices/ 3.Heard Mr.Ajmal Khan, learned Senior counsel, appearing for the petitioner and Mr.J.Gunaseelan Muthiah, learned Additional
Government Pleader, appearing for the respondents 1 to 3. 4.The petitioner was a candidate for the post of Village Assistant in Vijayankudi Revenue Village. Interview was conducted on 23.06.2014. The petitioner was the only eligible candidate. This was because the other candidates sponsored by the Employment Exchange were either dead or not interested in taking part in the interview. The eligibility of the petitioner to be appointed in the said post is also not in dispute. Otherwise, he would not have been sponsored by the Employment Exchange. This Writ Petition was way back in the year 2014.
5.When the Writ Petition was taken up today, the Government did not place any material to disqualify the petitioner to the said post. The fourth respondent herein, Jeyalakshmi had been selected and appointed in the post of Village Assistant for the said village. In view of the filing of the Writ Petition and granting of interim orders, she was appointed elsewhere. The post was also not filled. As on date there cannot be any impediment for appointing the petitioner in the said post.
6.Therefore, this Court directs the third respondent to appoint the petitioner to the said post by issuing appropriate order within six weeks 7.The Writ Petition is allowed accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar To 1.The District Collector, Collectorate Office, Sivagangai District.
2.The District Employment Officer, O/o. the District Employment Officer, Sivagangai, Sivagangai District.
3.The Tahsildar, Ilayankudi, Sivagangai District.
+1cc to M/S.AJMAL ASSOCIATES,Advocate,SR.53140 W.P.(MD).No.19696 of 2014 05.03.2018 TSG KK/SKN RSK/SAR 3/06.03.2018/ 2P- 5C/ https://hcservices.ecourts.gov.in/hcservices/