Kalimuthu. S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Kalimuthu.S ... Petitioner Vs.

1.The District Collector, Kanyakumari, Kanyakumari District.

2.The Commissioner, Kurunthencode Panchayat Union, Kurunthencode Post, Kanyakumari District.

3. The Chairman, Kurunthencode Panchayat Union, Kurunthencode Post, Kanyakumari District.

4.The President / Executive Officer, Swamithoppu Village Panchayat, Agastheeswaram Panchayat Union, Kanyakumari District. ... Respondents 1/5

Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to absorb the petitioner to the post of office Assistant in the 3rd respondent's office based on the representation made by the petitioner, dated 10.10.2022 in the grievance day meeting held by the 1st respondent within a time frame fixed by this Court For Petitioner : Mr.VGS.Murugan For R1 to R3 : Mr.S.P.Maharajan Special Government Pleader

O R D E R

This writ petition has been filed for a direction to the 1st respondent to absorb the petitioner to the post of Office Assistant in the 3rd respondent's office based on the representation made by the petitioner, dated 10.10.2022, within a stipulated time.

2. The case of the petitioner is that he is working as a Sweeper in the fourth respondent panchayat Union from the year 2013 onwards and subsequently, the second respondent issued a notification, dated 20.07.2022 calling for application for the post of Office Assistant in the 2/5

third respondent's office. The petitioner applied for the same and made application on 26.07.2022 and attended the interview held on 21.09.2022. As no order has been passed, the petitioner has made a representation on 10.10.2022 in the grievance day meeting. However, the same has not been considered and hence, the petitioner has filed this writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the first respondent is directed to dispose of the representation of the petitioner, dated 10.10.2022, on merits and in accordance with law, within a specified period.

4. The learned Special Government Pleader appearing for the respondents 1 to 3, has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, 3/5

directs the first respondent to consider the petitioner's representation, dated 10.10.2022 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

23.12.2022 pm Index:Yes/No To 1.The District Collector, Kanyakumari, Kanyakumari District.

2.The Commissioner, Kurunthencode Panchayat Union, Kurunthencode Post, Kanyakumari District.

3. The Chairman, Kurunthencode Panchayat Union, Kurunthencode Post, Kanyakumari District.

4.The President / Executive Officer, Swamithoppu Village Panchayat, Agastheeswaram Panchayat Union, Kanyakumari District.

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M.DHANDAPANI,J.

pm 23.12.2022 5/5