Parameswari K v. The Director - Sasta
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH K.Parameswari ... Petitioner -vs1.The Director - SASTA, Social Audit Society of Tamil Nadu, Panagal Maaligai, West Saidapet, Chennai - 600 015.
2.The Joint Director (SR), Social Audit Society of Tamil Nadu, Chennai - 600 015.
3.The Project Director, District Rural Development Agency, Pudukkottai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to re-engage the petitioner as Block Resource Person in accordance with the order passed by this Court in W.P.Nos.19335 and 18552 of 2023, dated 29.08.2023 and also the judgment rendered by this Court in W.A.(MD)No.1367 of 2024, dated 14.08.2024, within the time period stipulated by this Court.
For Petitioner : Mr.T.Aswin Rajasimman For Respondents : Mr.S.R.A.Ramachandran Additional Government Pleader
ORDER
This Writ Petition has been filed seeking a direction to the first respondent to re-engage the petitioner as 'Block Resource Person', in accordance with the order passed by this Court in W.P.Nos.19335 and 18552 of 2023, dated 29.08.2023 and the judgment rendered by this Court in W.A.(MD)No.1367 of 2024, dated 14.08.2024, within the time period stipulated by this Court.
2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3. According to the petitioner, she was originally appointed as a 'Block Resource Person' in Pudukkottai District in the year 2015, after successfully completing the mandatory 30-days certificate course on Social Accountability and Social Audit, as per the proceedings of the Director, Social Audit Society of Tamil Nadu, dated 22.05.2015. She was selected by the duly constituted Selection
Committee through an open market process in view of her qualifications and she has been continuously working as a 'Block Resource Person' under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) funds.
4. By virtue of Government Order in G.O.Ms.No.17, Rural Development and Panchayat Raj Department, dated 22.02.2023, the services of existing Block and District Resource Persons were to be disengaged and replaced with a new set of employees. The petitioner, along with others, challenged this order before this Court in W.P.(MD)Nos.14177, 15360, 19335, and 18852 of 2023. This Court, in its order dated 29.08.2023, disposed of the said writ petitions by directing the respondents therein not to disengage the petitioners therein except on valid grounds such as misconduct, criminal involvement or acts of moral turpitude and further directed the respondents therein to consider renewal of contracts rather than total disengagement.
5. Pursuant to the aforesaid directions, the first respondent / Director of Social Audit Society of Tamil Nadu re-engaged all eligible Block and District Resource Persons on contract basis until 31.03.2024, except the petitioner,
without assigning any valid reasons. When the petitioner sought clarification, she was orally informed that there exists an adverse report against her. However, neither a copy of such adverse report was furnished, nor she was given an opportunity to be heard or to explain, thereby, violating the principles of natural justice. The petitioner submits that the omission of her name from the reengagement list is arbitrary, illegal and without any valid cause. In this regard, the petitioner has also submitted a representation dated 23.06.2025 to the respondents 1 and 3. Since the same has not been considered so far, the petitioner has approached this Court seeking a direction to the respondents to re-engage the petitioner as 'Block Resource Person', in accordance with the earlier order of this Court and to restore her service forthwith.
6. Heard both sides.
7. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and
hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.
8. In the light of the above observations, there shall be a direction to the first respondent to consider the petitioner's representation dated 23.06.2025, on its own merits and pass appropriate orders in accordance with law, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits.
9. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. NCC : Yes / No 15.07.2025 Index : Yes / No smn2
To:- 1.The Director - SASTA, Social Audit Society of Tamil Nadu, Panagal Maaligai, West Saidapet, Chennai - 600 015.
2.The Joint Director (SR), Social Audit Society of Tamil Nadu, Chennai - 600 015.
3.The Project Director, District Rural Development Agency, Pudukkottai District.
VIVEK KUMAR SINGH , J.
smn2 15.07.2025