M.Shanmuganathan v. The District Collector
W.P(MD)No.20986/2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD)No.20986 of 2019 M.Shanmuganathan ... Petitioner Vs.
1. The District Collector, Collectorate Complex, Ramanthapuram-623 503.
2. The Block Development Officer (VP), Thiruvadanai Block, Thiruvadanai, Ramanathapuram District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent i.e., the district Collector, Ramanathapuram to pass appropriate orders on merits on the petitioner's appeal, dated 17.08.2019 for inclusion in the approved list of Junior Assistants of the year 2018-2019 within a specified time frame that may be fixed by this Court.
For Petitioner : Mr.S.Visvalingam For R1 : Mr.C.M.Marichellaiah Prabhu, Additional Government Pleader For R2 : Mr.J.Gunaseelan Muthiah
ORDER
This writ petition is filed seeking for a mandamus, directing the first respondent to pass appropriate orders on the petitioner's appeal, dated 17.08.2019, for inclusion of his name in the approved list of Junior Assistants in the year 2018-2019.
2. Mr.C.M.Marichellaiah Prabhu, learned Additional Government Pleader takes notice for the first respondent and Mr.J.Gunaseelan Muthiah, learned counsel takes notice for the second respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.
3. According to the petitioner, he joined as Panchayat Secretary on 27.12.1996 in Pandukudi Panchayat. He belongs to most backward class community. He was given 5 years age relaxation as per the Government Order in G.O.(Perm)No.245 Rural Development, dated 04.08.1997 read with G.O.Ms.No.230, dated 15.10.1996. In the seniority list, dated 27.10.2018, he was placed at serial No.42 and his juniors Thiru.A.Baluchamy, Tmt.R.Bhuvaneswari and https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.20986/2019 Thiru.S.Vincent were placed at serial Nos.43 to 45. But, at the time of inclusion in the approved list of Junior Assistants, the petitioner's name was not included. Challenging the approved list, he has filed an appeal before the first respondent/District Collector, Ramanathapuram, on 17.08.2019 with a prayer to direct the Personal Assistant (Development) to include his name in the approved list of Junior Assistant in the year 2018-2019 on par with his juniors referred to above. Since no order was passed on the appeal, the petitioner has come out with the present writ petition.
4. Considering the facts and circumstances of the case and also considering the nature of relief sought for by the petitioner in the writ petition, it is suffice to direct the first respondent to consider the appeal filed by the petitioner on 17.08.2019 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 5.With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To
1. The District Collector, Collectorate Complex, Ramanthapuram-623 503.
2. The Block Development fficer (VP), Thiruvadanai Block, Thiruvadanai, Ramanathapuram District.
+1 CC to Mr.S.VISVALINGAM, Advocate ( SR-90277[F] dated 30/09/2019 ) +1 CC to SPL GP ( SR-90897[F] dated 01/10/2019 ) W.P.(MD)No.20986 of 2019 30.09.2019 am VB(17.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2