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Madras High CourtWP(MD)/26998/2019dismissed

R.Dhanraj v. The Director

2022-04-25Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM R.Dhanraj ... Petitioner Vs

1. The Director, Panagal Buildings, 4th and 5th Floor, Jennings Road, Saidapet, Chennai-600 015.

2.The Additional Director, Collectorate, Tiruchirappalli-620 001.

3.The Rural Development Officer, Manapparai Union, Manapparai-621 306.

4.The District Collector, Tiruchirappalli District, Collectorate, Tiruchirappalli-620 001.

5.The Chief Secretary to Government, Government of Tamil Nadu, Secretariat, Chennai.

...Respondents

Prayer:-Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to consider the representation of the petitioner dated 16.11.2019 by the respondent herein in selection likely for the recruitment of post of Secretary to Panchayat, Panchayat Clerk etc.

For Petitioner :

Mr.G.Dhanalakshmi For Respondents :

Mr.N.Satheesh Kumar Additional Government Pleader

O R D E R

The relief sought for in the present writ petition is to direct the respondents to consider the representation of the petitioner dated 16.11.2019 and recruit the petitioner to the post of Secretary to Panchayat or Panchayat Clerk etc.

2. The petitioner states that he was working as Panchayat Assistant Clerk at Podaungupatti Village Panchayat in Manaparai Union of Tiruchirappalli District. The petitioner was appointed on 01.03.1997 and he continued in service for about five years.

3. A perusal of the representation dated 16.11.2019 sent by the petitioner reveals that he remained unauthorizedly absent from attending the duty and thereafter, left the job at his own volition.

4. The learned counsel for the petitioner states that the petitioner was ill during the relevant point of time and therefore, he could not able to continue his service as Panchayat Clerk. Hence, the petitioner left the job and thereafter, submitted a representation on 16.11.2019 to provide job.

5. The petitioner was working only as part-time clerk and therefore, he cannot claim for permanent absorption or for his further continuance. The petitioner left his job at his own volition and therefore, he cannot seek re-employment or otherwise as Panchayat Clerk or Secretary. Thus, the petitioner has not established even a semblance of legal right for the purpose of considering the relief sought for in the present writ petition.

7. Accordingly, the Writ Petition stands dismissed. No costs. Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) ssb To

1. The Director, Panagal Buildings, 4th and 5th Floor, Jennings Road, Saidapet, Chennai-600 015.

2.The Additional Director, Collectorate, Tiruchirappalli-620 001.

3.The Rural Development Officer, Manapparai Union, Manapparai-621 306.

4.The District Collector, Tiruchirappalli District, Collectorate, Tiruchirappalli-620 001.

5.The Chief Secretary to Government, Government of Tamil Nadu, Secretariat, Chennai.

+1 CC to M/s.G. DHANA LAKSHMI, Advocate ( SR-21134[F] dated 26/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-21694[F] dated 27/04/2022 ) 25.04.2022 MGJ(11.05.2022) 3P 8C