Madras High Court
A.Ganesh Raja vs The District Collector on 7 September, 2021
W.P.(MD) No.15965 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.(MD)No.15965 of 2021
A.Ganesh Raja ... Petitioner
vs.
1.The District Collector,
Tirunelveli District.
2.The Assistant Director of Village Panchayats,
Tirunelveli District.
3.The Block Development Officer (Village Panchayats),
Ambasamudram Panchayat,
Tirunelveli District.
4.The President,
Adaiyakarunkulam Panchayat,
Tirunelveli District.
5.The President,
Vellamkuzhi Panchayat,
Tirunelveli District. ... Respondents
PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the respondents 1 to 3 herein to permit
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W.P.(MD) No.15965 of 2021
the petitioner to join in service as Panchayat Clerk/Secretary before fifth
respondent Panchayat with continuity of service by disbursing all other service
and monetary benefits legally entitled to him with retrospective effect from
01.08.2008 on the basis of the proceedings passed by the 3rd respondent herein
vide Na.Ka.No.A3/418/08 dated 28.07.2008 by considering the petitioner's
representation dated 09.07.2021, made before the respondents 1 to 3 herein by
RPAD.
For Petitioner : Mr.B.Brijesh Kishore
For RR 1 and 2 : Mr.S.Shanmugavel,
Standing counsel
For R3 to 5 : Mr.R.Sureshkumar
*****
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of
Mandamus, directing the respondents 1 to 3 herein to permit the petitioner to join
in service as Panchayat Clerk/Secretary before the fifth respondent Panchayat
with continuity of service by disbursing all other service and monetary benefits
legally entitled to him with retrospective effect from 01.08.2008 on the basis of
the proceedings passed by the 3rd respondent herein vide Na.Ka.No.A3/418/08
dated 28.07.2008 by considering the petitioner's representation dated 09.07.2021,
made to the respondents 1 to 3 herein by RPAD.
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W.P.(MD) No.15965 of 2021
2. Heard the learned counsel appearing for the petitioner and the learned
Counsel appearing for the respondents.
3. By consent of both parties, this writ petition is taken up for final disposal
at the admission stage itself.
4. According to the petitioner, while he was working as Panchayat Clerk,
on certain allegations, he was placed under suspension, which later came to be
revoked by virtue of the proceedings dated 18.05.2004 of the 3 rd respondent since
the petitioner deposited the alleged misused amount. However, since the
petitioner was permitted to join duty, he filed W.P.No.19171 of 2004 seeking a
direction to the 1st 2nd respondents to implement the order dated 18.05.2004 and
to reinstate him in service and also to pay subsistence allowances, which was
disposed of by this Court vide order dated 27.09.2006. Pursuant to the order of
this Court, the 4th respondent vide proceedings dated 01.01.2007, reinstated the
petitioner in service with effect from 01.02.2007 without prejudice to the criminal
case pending against him. But as regards to subsistence allowance, no order was
passed. Later, the 3rd respondent vide proceedings dated 28.07.2008, transferred
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W.P.(MD) No.15965 of 2021
the petitioner from 4th respondent Panchayat to 5th respondent Panchayat. But the
5th respondent had not permitted the petitioner to join duty stating that he was
involved in a criminal case and till the outcome of the same case, the petitioner
cannot be accommodated. Subsequently, the petitioner got acquitted in criminal
case in C.C.No.214 of 2007 vide judgment dated 29.04.2017 by the learned
Judicial Magistrate, Ambasamudram. The grievance of the petitioner is that
despite his acquittal in criminal case, the petitioner was not permitted to join duty.
Hence, he made a detailed representation 09.07.2021 before the respondents 1 to
3, praying to permit him to join duty as Panchayat Clerk and also to pay
consequential monetary benefits with retrospective effect from 01.08.2008. Since
no action is forthcoming despite his representation, the petitioner has come
forward with the present Writ Petition.
5. The learned Standing counsel appearing for the respondents 1 & 2
would submit that if the representation made by the petitioner is otherwise in
order and pending with the respondents, the same would be considered and
disposed of in accordance with law within a reasonable time as directed by this
Court.
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W.P.(MD) No.15965 of 2021
6. In view of the submissions made by the learned counsel for the
petitioner and the learned Standing counsel appearing for the respondents 1 & 2,
without expressing any opinion on merits, this Court directs the respondents 1 to
3 to consider the petitioner's representation dated 09.07.2021 and pass appropriate
orders therein in accordance with law and on merits, within a period of 12 weeks
from the date of receipt of a copy of this order.
7. With the above direction, the writ petition stands disposed of. No costs.
07.09.2021
Index : Yes / No
Internet : Yes
dn
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W.P.(MD) No.15965 of 2021
To
1.The District Collector,
Tirunelveli District.
2.The Assistant Director of Village Panchayats,
Tirunelveli District.
3.The Block Development Officer (Village Panchayats),
Ambasamudram Panchayat,
Tirunelveli District.
4.The President,
Adaiyarkarunkulam Panchayat,
Tirunelveli District.
5.The President,
Vellamkuzhi Panchayat,
Tirunelveli District.
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W.P.(MD) No.15965 of 2021
D.KRISHNAKUMAR, J.
dn
Order made in
W.P.(MD) No.15965 of 2021
07.09.2021
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