Chandra v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.14861 of 2019 Chandra ... Petitioner Vs.

1.The District Collector 2.The District Panchayat Assistant Director, 3.The Panchayat Union Rural Development Officer, Rural Development Office, Vembakottai ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to produce continuous work to the petitioner as per Mahatma Gandhi National Rural Job confirmation and within the stipulated time.

For Petitioner :S.Chandra,Petitioner in person For Respondents :Mr.C.M.Mari Chelliah Prabhu Government Advocate

ORDER

The prayer sought for in this writ petition is for a writ of mandamus to direct the respondents to provide continuous work to the petitioner as per Mahatma Gandhi National Rural Job (MGNRJ) guarantee programme .

2. Heard the petitioner, who appeared in person.

3. The two grievances of the petitioner appear to be that, though continuously the petitioner had been working with the third respondent under Mahatma Gandhi National Rural Job guarantee scheme, for quite some time, abruptly, the work was not given to the petitioner. The alleged reason, according to the petitioner for not giving the job is that, the petitioner demanded to change the bank account from Tamil Nadu Mercantile Bank to State Bank of India and

accordingly, they opened the Savings Bank account (SB A/c. No.37602522501) at State Bank of India and through which, since the petitioner wants to deposit the amount for the work done by her, it seems that the third respondent has not agreed upon.

4. On these two grievances, the petitioner has approached this Court with the aforesaid prayer.

5. I have heard the learned Additional Government Pleader, who, on instructions, especially from the third respondent, made his submissions that, the third respondent would continue to give work under the said Scheme to the petitioner and as desired by the petitioner, the wages for the said work to be undertaken by the petitioner would be deposited in a bank account, as claimed by the petitioner in the State Bank of India, provided, the bank account details is given by the petitioner.

6. In view of the said stand taken by the respondent, especially, the third respondent through the learned Additional Government Pleader, by recording the said stand taken by the third respondent, this Court is inclined to dispose of this writ petition with the following direction:

(1) That the respondent, especially, the third respondent must ensure that the petitioner is getting job under Mahatma Gandhi National Rural Job guarantee programme to the petitioner for the minimum days of work per month, as per the scheme conditions and for the said work to be given to the petitioner, the wages shall be calculated as per the Government norms and be paid to the petitioner through the bank account to be supplied by the petitioner, claimed to have been opened in the State Bank of India already (SB A/c. No.37602522501) and the said arrangement shall continue till the petitioner physically able to attend the work to be entrusted to her ; and

(2) This order shall be strictly complied with by the respondents and the petitioner must be provided the job as indicated above forthwith. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The District Collector

2.The District Panchayat Assistant Director, 3.The Panchayat Union Rural Development Officer, Rural Development Office, Vembakottai +1cc to Mr.S.CHANDRA, Advocate, SR.No.74607 W.P.(MD)No.14861 of 2019 10.07.2019 RR KK/SAR/11.07.2019/3P-5C