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Madras High CourtWP(MD)/23081/2023disposed of

Vinotha v. The State Of Tamil Nadu

2023-10-06Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.23081 of 2023 Vinotha

...Petitioner

Vs.

1. The State of Tamil Nadu, Through its Secretary, Revenue Department, Secretariat, St.George Fort, Chennai.

2. The Director, Directorate of Survey and Settlement Department, Survey House, Chepauk, Chennai.

3. The District Collector, Thanjavur District, Thanjavur.

4. The Tahsildar, Pabanasam Taluk, Thanjavur District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the 1/5

records pertaining to the impugned letter issued by the second respondent in Na.Ka.Na.3/11632/2023, dated 29.05.2023 and quash the same and consequently direct the respondents herein to allow the petitioner to join duty as Data Entry Operator within the time that may be stipulated by this Court. For Petitioner : Mr.A.Abdul Kalam Azad for M/s.Kottaieswari For Respondents : Mr.S.Shaji Bino Special Government Pleader

O R D E R

The present Writ Petition has been filed seeking to quash the order passed by the second respondent herein, wherein, the request of the writ petitioner to engage herself in a different post, has been rejected.

2. As per the writ affidavit, the writ petitioner and others were appointed as Data Entry Operator with consolidated pay for a period of one year to assist the survey and revenue staff in the Taluk Office for expediting the Fast Track Patta Scheme in December 2012. Thereafter, they were disengaged in February 2016. They were again engaged as temporary employees in Land Survey Department, from the year 2021 to 2023. The petitioner is working as the Data Entry Operator and her tenure is about 2/5

to expire and she had requested the second respondent herein to extend the services by way of representation dated 28.04.2023. Under the impugned order, the second respondent has rejected the said request on the ground that after the tenure is over they cannot be employed on a different post even on temporary basis. The said order is under challenge in the present writ petition.

3. Admittedly, the petitioner has been engaged for a period of one year for a particular project. Once the said project is over, the petitioner has no right to seek for extension of employment in the same department or a different department. However, the second respondent department is at liberty to engage the writ petitioner as and when requirement arises.

4. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.

06.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5

To

1. The Secretary, Revenue Department, Secretariat, St.George Fort, Chennai.

2. The Director, Directorate of Survey and Settlement Department, Survey House, Chepauk, Chennai.

3. The District Collector, Thanjavur District, Thanjavur.

4. The Tahsildar, Pabanasam Taluk, Thanjavur District.

4/5

R.VIJAYAKUMAR,J.

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