S.Senthil Kumar, v. The Director Of Town

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI S.Senthil Kumar ... Petitioner -Vs1.The Director of Town Panchayats, Directorate of Town Panchayats, 4th Floor, Kuralagam, Chennai-108.

2.The District Collector, Collectorate, Theni District.

3.The Assistant Director, O/o. The Assistant Director, Theni Town Panchayats Office, Palanichettipatti, Theni District.

4.The Executive Officer, Thevathanampatti Town Panchayat, Thevathanampatti, Periakulam Taluk, Theni District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 3 and 4 to provide less strenuous and suitable duty to the petitioner on account of the petitioner's 70% orthopaedic disability at Thevathanampatti Town Panchayats Office, Periyakulam Taluk, Theni District within the time stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For R1 to R3 : Mr.S.Dhayalan, Government Advocate.

For R4 : Mr.T.R.Janardhanan 1/3

ORDER

This Writ Petition is filed to direct the respondents 3 and 4 to provide less strenuous and suitable duty to the petitioner, on account of the petitioner's 70% orthopaedic disability at Thevathanampatti Town Panchayats Office, Periyakulam Taluk, Theni District, within the time stipulated by this Court. 2.According to the petitioner, he is physically handicapped person with 70% disability. He was appointed as Sweeper on 01.11.2010 in the fourth respondent Panchayat. The grievance of the petitioner is that inspite of his disability, the respondents made the petitioner to do hard work, like collection of tax, by walking 5 to 10 kms., climbing up into water tank for releasing water, tax collection in running bus. If the same work is continued, he will fall sick and will become bedridden and prayed for less strenuous work, suitable to the petitioner.

3.The respondents filed counter affidavit, denying all the averments made by the petitioner. The learned counsel appearing for the fourth respondent submitted that though the petitioner was appointed as Sweeper on 01.11.2010, he was given work only in the office. There are employees, like Bill Collector, Over Head Tank Watchman, Water Supply Helper, etc. The petitioner was never asked to do the said work as alleged by him. There is no necessity for collecting the tax in the running bus and prayed for dismissal of the Writ Petition.

4.Considering the rival contentions made by the learned counsel appearing for the petitioner and the fourth respondent and considering the averments made in the counter affidavit that the petitioner is allotted to work only in the office and he is working in the office from the date of his appointment and no other work was given to the petitioner, the relief sought for by the petitioner herein cannot be granted. Accordingly, this Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) Myr 2/3

To

1. The Director of Town Panchayats, Directorate of Town Panchayats, 4th Floor, Kuralagam, Chennai-108.

2.The District Collector, Collectorate, Theni District.

3. The Assistant Director, O/o. The Assistant Director, Theni Town Panchayats Office, Palanichettipatti, Theni District.

4. The Executive Officer, Thevathanampatti Town Panchayat, Thevathanampatti, Periakulam Taluk, Theni District.

+1 CC to GP SR-91350.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate SR-91546. W.P.(MD)No.18771 of 2017 03.10.2019 CS(08.11.2019) 3P 7C 3/3