Arthiyammal v. The District Collector /

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.3 of 2024 Arthiyammal ... Petitioner Vs.

1.The District Collector/ The Inspector of Panchayats, Dindigul District, Dindigul.

2.The Block Development Officer, Palani Panchayat Union, Dindigul District.

3.The Assistant Director, Panchayats, Dindigul District, Dindigul.

4.The President, Pappampatti Panchayat, Palani Taluk, Dindigul District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to appoint the petitioner in the regular post of computer operator at the 4th respondent panchayat on permanent basis on the basis of the petitioner's representation, dated 15.12.2023.

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For Petitioner : Mr.T.Indrachithu For Respondents : Mr.M.Siddharthan Standing Counsel

ORDER

The present writ petition has been filed seeking a direction to the respondents to appoint the petitioner in the regular post of computer operator at the 4th respondent panchayat on permanent basis on the basis of the petitioner's representation, dated 15.12.2023.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner is appointed as a Computer Operator at Pappampatti Panchayat, Dindigul District i.e., 4th respondent Panchayat in the year 2019 on temporary basis. He is serving for the past 5 years. However, he was not appointed in the regular post of Computer Operator on permanent basis. The 1st respondent vide proceedings, dated 21.07.2023 issued a direction to all the Panchayats to deduct 10% of taxes collected in the respective Panchayats for the payment towards the Computer Operator at Village Panchayat under the 15th 2/5

finance grant. The 4th respondent Panchayat passed a unanimous resolution, dated 22.11.2023 approving the continuous service of the petitioner as Computer Operator. However, his post was not regularized. Hence, the petitioner preferred a representation to the respondents 1 to 4 on 15.12.2023 seeking to appoint him in the regular post of Computer Operator at the 4th respondent Panchayat on permanent basis. Since the same was not considered, this writ petition came to be filed.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, nonconsideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

5. Without going into the merits of the case, this Court hereby directs the respondents to consider the representation of the petitioner, dated 15.12.2023 3/5

and pass appropriate orders in accordance with law within a period of twelve

(12) weeks from the date of receipt of copy of this order.

6. With the above said observations, this Writ Petition stands disposed of. No costs.

03.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The District Collector/ The Inspector of Panchayats, Dindigul District, Dindigul.

2.The Block Development Officer, Palani Panchayat Union, Dindigul District.

3.The Assistant Director, Panchayats, Dindigul District, Dindigul.

4.The President, Pappampatti Panchayat, Palani Taluk, Dindigul District.

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L.VICTORIA GOWRI, J.

gbg W.P(MD)No.3 of 2024 03.01.2024 5/5