K.Dharmar, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2024
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE and W.M.P.(MD).Nos.12576 & 12577 of 2018 K.Dharmar ... Petitioner Vs.
1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Block Development Officer, The Sivakasi Panchayt Union, Sivkasi, Virudhunagar District.
3.The Secretary, Rural Development and Panchayat Raj Department, Secretariat, Fort St.George, Chennai-600 009.
... Respondents (Respondent No.3 suo motu impleaded as per order of this Court dated 21.10.2024 made in W.P.(MD).No.13841 of 2018 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned orders passed by the 1st respondent in Na.Ka.No. P3/7441/2018 dated 08.06.2018 insofar as it relates to the petitioner's name in the ineligible 1/5
candidates list and Na.Ka.No. P3/7441/2018 dated 18.06.2018 and quash the same, consequently, directing the respondents to include his name in the first respondent's proceedings in Na.Ka.No.P3/7441/2018, dated 08.06.2018 insofar it relates to the petitioner's name in eligible candidates list to the post of Assistant / Rural Welfare Grade-I and also promote the petitioner in the post of Assistant / Rural Welfare Grade-I on par with the petitioner's juniors with all consequential monetary and other benefits.
For Petitioner : Mr.B.Vinothkumar For Respondents : Mr.G.Suriya Ananth, Additional Government Pleader
O R D E R
This Writ Petition is filed challenging the impugned orders passed by the first respondent insofar as it relates to the petitioner's name.
2. The petitioner is aggrieved by his non-inclusion in the impugned Selection Panel for the year 2018.
3. It is now brought to the notice of this Court by the learned Additional Government Pleader appearing for the respondents that subsequent to the filing of this Writ Petition, a proposal has been sent by the first respondent to the Government seeking for inclusion of the petitioner's name in the Selection Panel for the year 2018.
2/5
4. No prejudice would be caused to the respondents, if a direction is issued to the Government to consider the proposal dated 03.04.2023, submitted by the first respondent to the Government, seeking for inclusion of the petitioner's name in the impugned Selection Panel for the year 2018 on merits and in accordance with law within a time frame to be fixed by this Court.
5. Since the Government is not a party respondent in this Writ Petition, this Court by exercising its suo motu powers, impleads the Secretary, Rural Development and Panchayat Raj Department, Secretariat, Fort St.George, Chennai-600 009, as a party respondent in this Writ Petition.
6. For the foregoing reasons, this Court directs the newly impleaded third respondent viz., the Secretary, Rural Development and Panchayat Raj Department, Secretariat, Fort St.George, Chennai-600 009 to pass final orders on the first respondent's proposal dated 03.04.2023, seeking to include the petitioner's name in the impugned Selection Panel for the year 2018 on merits and in accordance with law within a period of four (4) months from the date of receipt of a copy of this order.
3/5
7. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
8. Registry is directed to issue a order copy to the respective parties only after carrying out the necessary amendment.
21.10.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG To 1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Block Development Officer, The Sivakasi Panchayt Union, Sivkasi, Virudhunagar District.
3.The Secretary, Rural Development and Panchayat Raj Department, Secretariat, Fort St.George, Chennai-600 009.
4/5
ABDUL QUDDHOSE, J.
TSG W.P.(MD).No.13841 of 2018 21.10.2024 5/5