A. Pandi v. The Dist. Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2024
CORAM
THE HON'BLE MR. JUSTICE MUMMINENI SUDHEER KUMAR W.P(MD)No.16343 of 2020 and W.M.P.(MD)No.13654 of 2020 and W.M.P.(MD)No.13653 of 2020 A.Pandi ... Petitioner Vs.
1.The District Collector, O/o. the District Collector Office, Sivagangai, Sivagangai District.
2.The Personal Assistant to District Collector, (Town Panchayat), O/o. the District Collector Office, Sivagangai, Sivagangai District 3.The Assistant Director of Town Panchayat, O/o. the Assistant Director of Town Panchayat, Sivagangai, Sivagangai District.
4.The Executive Officer, O/o. the Thiruppuvanam Special Grade Town Panchayat, Thiruppuvanam, Sivagangai District.
5.P.Muthumari 6.A.Puvanenthiran 1/4
7.M.Muthuraiveeran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned orders of appointment passed by the 4th respondent vide his proceedings in Na.Ka.No.1043/020/A1 dated 17.09.2020 and quash the same as illegal and consequently direct the respondents to appoint the petitioner as Scavengers in the 4th respondent office. For Petitioner :
Mr.J.Anandkumar For Respondents :
Mr.Na.Ga.Nataraj, Govt. Advocate for R1 to R4 Mr.K.Jeyamohan for R5 & R6 Mr.M.Rajarajan for R7
O R D E R
Though this Writ Petition has been filed challenging the appointment of respondents 5 to 7 as Scavengers in the fourth respondent Panchayat, the learned counsel for the petitioner sought liberty of this Court to approach the respondent No.4 for considering the case of the petitioner for appointment to the available vacancies that were notified under the notification dated 06.11.2019 or any other vacancy. 2/4
2. From the materials placed on record, it is noticed that out of seven vacancies available in the respondent No.4 Panchayat, only three posts were filled in and still three vacancies are available.
3. In the light of the above, without going into the merits of the case, this Court is inclined to dispose of the Writ Petition. Accordingly, this Writ Petition is disposed of permitting the petitioner to submit a representation before the respondent No.4 for considering his case for appointing in any of the available vacancies in the fourth respondent Panchayat in the cadre of scavenger within a period of four weeks from the date of receipt of a copy of this order, and in case, if any such representation is submitted within the time stipulated above, the same shall be considered by the respondent No.4 and appropriate orders be passed in accordance with law within a further period of eight weeks. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 05.03.2024 NCC : Yes/No Index : Yes/No 3/4
vsm MUMMINENI SUDHEER KUMAR, J.
vsm To 1.The District Collector, O/o. the District Collector Office, Sivagangai, Sivagangai District.
2.The Personal Assistant to District Collector, (Town Panchayat), O/o. the District Collector Office, Sivagangai, Sivagangai District 3.The Assistant Director of Town Panchayat, O/o. the Assistant Director of Town Panchayat, Sivagangai, Sivagangai District.
4.The Executive Officer, O/o. the Thiruppuvanam Special Grade Town Panchayat, Thiruppuvanam, Sivagangai District.
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