S. Ashok Kumar, v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2016
CORAM
THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.6522 of 2016 1)S.Ashok Kumar 2)M.Dharmavel 3)P.Vishalatchi 4)G.Kalavathy 5)G.Sukumar ... Petitioners vs.
1)The State of Tamil Nadu, Rep. by its Secretary, Department of Rural Development and Panchayat Raj, Fort St.George, Chennai-600 009.
2)The Director of Rural Development, Panagal Building, Saidapet, Chennai-19.
3)The District Collector, Collectorate, Ramanathapuram, Ramanathapuram District.
4)The Assistant Director, O/o. the Assistant Director, Rural Development Section, Collectorate, Ramanathapuram, Ramanathapuram District.
... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the Respondent No.3 to consider petitioner's representations dated 14.03.2016 praying for appointment to the post of Road Inspectors in the available vacant posts of Road Inspector Grade II in Ramanathapuram District.
For Petitioner : Mr.S.Louis For Respondents : Mr.S.Chandrasekar, Government Advocate
ORDER
This Writ of Mandamus has been field to direct the 3rd respondent to consider petitioners' representation dated 14.03.2016, seeking appointment to the post of Road Inspector in the available vacant posts of Road Inspector Grade II in Ramanathapuram District. 2.It is the case of the petitioners that they have completed ITI in Draughtsman(Civil) course and registered their names in the District Employment Office. When G.O.Ms.No.739, Rural Development and Panchayat Raj (E3) Department, was issued in the year 2006, for filling up 34 posts of Road Inspector Grade-II in Ramanathapuram District, they were issued with Call Letters for selection, but the selection was stayed by this Court in M.P.No.2 of 2000 in W.P.No.
50062/2006 and in the vacate stay petition, this Court directed that 50% of the posts can be filled up, but the respondents filled up only 8 posts. Subsequently, when notification has been issued on 28.01.2015 in Dinathanthi Tamil Daily Newspaper for recruitment to the post of Road Inspector Grade-II in Ramanathapuram District, the mode of selection, number of posts and distribution of vacancies were not notified and four persons were appointed randomly, without there being any mode of selection. 3.According to the petitioners, as of now, there are 9 posts of Road Inspector Grade-II vacant in Ramanathapuram District. Hence, they made a joint representation dated 14.03.
2016 to the 3rd respondent/District Collector, Ramanathapuram District, requesting to consider them for appointment as Road Inspector Grade-II, in the available vacancies, having regard to the fact that they were deprived of the chances of getting appointments to the said post, due to the stay granted for selection. As no orders are passed on the said representation, the petitioners have filed this writ petition, for the abovesaid relief.
4.Having regard to the limited relief sought for, this writ petition is disposed of directing the 4th respondent to consider the petitioners' representation dated 14.03.2016, seeking appointment to the post of Road Inspector and pass appropriate orders on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar
To 1)The Secretary State of Tamil Nadu, Department of Rural Development and Panchayat Raj, Fort St.George, Chennai-600 009.
2)The Director of Rural Development, Panagal Building, Saidapet, Chennai-19.
3)The District Collector, Collectorate, Ramanathapuram, Ramanathapuram District.
4)The Assistant Director, O/o. the Assistant Director, Rural Development Section, Collectorate, Ramanathapuram, Ramanathapuram District.
+ 1 CC TO MR.T.LAJAPATHI ROY, ADVOCATE IN SR No. 51748 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 51618 NBI TE/SS-3/SAR-III : 16/09/2016 : 3P/7C (IT) W.P(MD)No.6522 of 2016 09.09.2016