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Madras High Court

E.Thirumalai vs The Director Of Town Panchayat on 23 August, 2023

Author: G.K.Ilanthiraiyan

Bench: G.K.Ilanthiraiyan

                                                   W.P.Nos.26091 to 26095 of 2012

              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                            DATED : 23.08.2023

                                  CORAM

         THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                       W.P.Nos.26091 to 26095 of 2012
                        and M.P.No.1 of 2012 (5 Nos)

1. E.Thirumalai                ...Petitioner in W.P.No.26091 of 2012
2. M.Murugan                   ...Petitioner in W.P.No.26092 of 2012
3. B.Bharathi                  ...Petitioner in W.P.No.26093 of 2012
4. P.Palani                    ...Petitioner in W.P.No.26094 of 2012
5. J.Thirunavukarasu           ...Petitioner in W.P.No.26095 of 2012

                                      -Vs-
1. The Director of Town Panchayat,
   Kuralagam,
   Chennai-600 001.

2. The District Collector,
   Villupuram District, Villupuram.

3. The District Employment and Training Officer,
   District Employement Office, Villupuram.

4. The Appointment Committee,
   represented by its member,
   Gingee Special Grade Town Panchayat,
   Gingee, Villupuram District.

5. The Executive Officer,
   Gingee Special Grade Town Panchayat,
   Gingee, Villupuram District.

6. K.S.Masthan                        ...Respondents in all W.Ps

Page 1 of 6
                                                    W.P.Nos.26091 to 26095 of 2012

Common Prayer:- Writ Petitions filed under Article 226 of Constitution of
India praying for the issuance of Writ of Mandamus, forbearing the
respondents 4 to 6 from appointing any candidate to the post of Sweeper in
Gingee Special Grade Town Panchayat on the basis of an alleged interview
held on 17.09.2012 without following the due process of law.
                                In all W.Ps
                   For Petitioners     : Mr.G.Ethirajulu
                   For R1 to R3
                     and R5            : Dr.T.Seenivasan
                                         Special Government Pleader

                   For R4              : No appearance

                   For R6              : Notice served
                                         No appearance

                            COMMON ORDER

These writ petitions have been filed for forbearing the respondents 4 to 6 from appointing any candidate to the post of Sweeper in Gingee Special Grade Town Panchayat on the basis of an alleged interview held on 17.09.2012 without following the due process of law.

2. Heard the learned counsel for the petitioners and the learned Special Government Pleader for R1 to R3 and R5 and perused the materials available on record.

Page 2 of 6 W.P.Nos.26091 to 26095 of 2012

3. These writ petitions are pending without any interim order.

4. Pending writ petitions, the fifth respondent had called for eligible candidates to fill up the post of Sweeper from the District Employment Office, Villupuram. Accordingly, 18 candidates were sponsored and they were called to attend the interview on 23.07.2012. Among 18 candidates, 12 candidates attended the interview. However, no one was selected to the said post. Again a letter dated 13.08.2012 was sent to the District Employment Office, Villupuram to sponsor another list of candidates to fill up the post of Sweepers. The District Employment Office, Villupuram had sent another list of 17 candidates and they were called to attend the interview on 17.09.2012. The name of the petitioners were not sponsored by the District Employment Office, Villupuram. The candidates who were sponsored by the District Employment Office, Villupuram depends upon their seniority. 11 candidates attended the interview and 5 candidates were selected for the post of Sweeper. Therefore, the entire selection process was completed in a proper manner and in accordance with law.

Page 3 of 6 W.P.Nos.26091 to 26095 of 2012

5. Therefore, the prayer sought for in these writ petitions cannot be considered and these writ petitions are devoid of merits and are liable to be dismissed. Accordingly, these writ petitions are dismissed. Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs.

23.08.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn Page 4 of 6 W.P.Nos.26091 to 26095 of 2012 To

1. The Director of Town Panchayat, Kuralagam, Chennai-600 001.

2. The District Collector, Villupuram District, Villupuram.

3. The District Employment and Training Officer, District Employement Office, Villupuram.

4. The Member, The Appointment Committee, Gingee Special Grade Town Panchayat, Gingee, Villupuram District.

5. The Executive Officer, Gingee Special Grade Town Panchayat, Gingee, Villupuram District.

Page 5 of 6 W.P.Nos.26091 to 26095 of 2012 G.K.ILANTHIRAIYAN, J.

mn W.P.Nos.26091 to 26095 of 2012 23.08.2023 Page 6 of 6