Madras High Court
Matchakalai vs The President on 8 February, 2018
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.02.2018
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD)No.2810 of 2012
Matchakalai ... Petitioner
Vs.
1. The President,
Nattamangalam Village Panchayat,
Madurai District.
2. The District Collector,
(Inspector of Panchayats),
Madurai. ...
Respondents
PRAYER : Writ Petition is filed under Article 226 of Constitution of India,
to issue a Writ of Mandamus, directing the first respondent to permit the
petitioner to do the duty as OHT Tank Operator in Nagalapuram, Ukadai Village
Nattamangalam Village Panchayat, Madurai District.
!For Petitioner : Mr.F.Deepak
For Respondents : Mr.M.Muthu
Additional Government Pleader
:ORDER
The relief sought for in this writ petition is for a direction to the first respondent to permit the petitioner to do the duty as OHT Tank Operator in Nagalapuram, Ukadai Village Nattamangalam Village Panchayat, Madurai District.
2. The learned counsel appearing for the writ petitioner states that the writ petitioner is fully qualified for appointment to the post of OHT Tank Operator. Accordingly, the Village Panchayat passed a resolution on 01.08.2011, in respect of appointing the writ petitioner as OHT Tank Operator However, the writ petitioner was not permitted to perform his duties and responsibilities as Tank Operator. When the writ petitioner made a request seeking permission to perform his duties, then it was informed that he was already terminated from service.
3. The learned Additional Government Pleader appearing for the respondents states that no appointment order was issued to the writ petitioner nor any termination order was issued. No doubt the Panchayat passed a resolution. However, the resolution was not acted upon and no order of appointment was issued to the writ petitioner. This apart, any resolution passed or appointment made, is subject to the approval of the Inspector of Panchayats / the District Collector of the concerned District.
4. This being the procedure to be followed, this Court is of an opinion that the writ petitioner has not established that he was appointed in accordance with the Rules. In the absence of any order of appointment in accordance with the Rules, this Court cannot issue any direction, directing the writ petitioner to continue the job. This apart, this writ petitioner was not allowed to join duty right from the date of resolution till today and therefore, this Court is not inclined to consider the case of the writ petitioner. Accordingly, the writ petition is dismissed. No costs.
To
1. The President, Nattamangalam Village Panchayat, Madurai District.
2. The District Collector, (Inspector of Panchayats), Madurai.
.