Allowed

P.Murugeswari v. the District Collector

Madras HC5 Jan 2017WP(MD)/2043/2015

Case brief

AI extract

What is this about?

The Madras High Court issued a writ of mandamus directing the fourth respondent to consider the petitioner for appointment as a Sanitary Worker in the Seithur Selection Grade Town Panchayat. The court noted the petitioner was the only candidate consenting to work in that category after other selections failed to join duty.

What did the court decide?

Direction to the fourth respondent to consider the petitioner for appointment within two months of receiving a copy of this order.

P.Murugeswari Vs the District Collector — Pension and Retirement Benefits | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 05.01.2017

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CORAM

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THE HON'BLE MR.JUSTICE S.VAIDYANATHAN

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W.P.(MD) No.2043 of 2015 P.Murugeswari ... Petitioner -vs1.The District Collector, Virudhunagar District, Virudhunagar. 2.The District Employment Officer, Virudhunagar District Employment Exchange, Virudhunagar District, Virudhunagar.

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3.The Assistant Director, Town Panchayats, Madurai.

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4.The Executive Officer, Selection Grade Town Panchayat, Seithur, Rajapalayam Taluk, Virudhunagar District. ... Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 4 herein to appoint the petitioner as a Sanitary Worker in the Seithur Selection Grade Town Panchayat under Scheduled Caste (Aruthanthiar) Women's non priority category within the stipulated period.

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For Petitioner : Mr.G.Marimuthu For R1 to R3 : Mr.S.Sathish Kumar Addl. Govt. Pleader For R4 : Mr.R.Anandha Raj

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O R D E R

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This petition has been filed, seeking to direct the respondents 1 to 4 herein to appoint the petitioner as a Sanitary Worker in the Seithur Selection Grade Town Panchayat under Scheduled Caste (Aruthanthiar) Women's non priority category.

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https://hcservices.ecourts.gov.in/hcservices/ 2. The case of the petitioner is that she belongs to Scheduled Caste (Aruthanthiar) and she is the only candidate, registered in the office of the 2^nd respondent to work as Sweeper and her date of birth is 24.01.1984; that the 4^th respondent has notified two vacancies in the year 2013 for the post of Sanitary Workers and

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names have been sponsored by the Employment Office; that out of two ladies called for interview, including the petitioner, one Gandiammal got selected and was appointed and since she did not come forward to join duty, the 4^th respondent cancelled her appointment on 02.08.2013. According to the petitioner, if the person selected did not come forward to join duty, the authority concerned should consider the next person for appointment and in that event, the petitioner is only candidate in the zone of consideration and that the petitioner also sent a representation dated 09.02.2015 to the first respondent in this regard and having no other alternative remedy, the petitioner is before this Court, seeking the direction stated supra.

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3. Heard the learned counsel on either side.

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It is not in dispute that when the 4^th respondent called for eligible candidates from the 2^nd respondent to fill up the post of two Sanitary Worker, it was found that the petitioner was only person available to be appointed against one vacancy falling under Scheduled Caste (Aruthanthiar) category, as one Gandiammal, who was selected and appointed did not join duty and another post has been reserved for General priority, against which one Dhanuskodi was selected. Admittedly, both the ladies did not join duty in spite of reminder sent to them and therefore, it is apparent that the petitioner is the only candidate, who consented to work as Sweeper.

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At this juncture, learned counsel for the 4^th respondent would submit that the 4^th respondent is going to fill up vacancies on the basis of roster. The petitioner is the only person, who could be accommodated in the post of Sweeper under SC (Arunthathiyar) quota.

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Therefore, taking into account the facts and circumstances of the case, a direction is issued to the respondents, especially 4^th respondent (as the respondents 1 to 3 are only formal parties), to consider the candidature of the petitioner for appointment to the post of Sanitary Worker in Seithu Selection Grade Town Panchayat under Scheduled Caste (Arunthathiyar) – Women Non Priority category. Such exercise shall be carried out within a period of two months from the date of receipt of a copy of this order by the 4^th respondent.

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With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/-

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Assistant Registrar(Writs)

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https://hcservices.ecourts.gov.in/hcservices/

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/TRUE COPY/

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Sub Assistant Registrar

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To: 1.The District Collector, Virudhunagar District, Virudhunagar. 2.The District Employment Officer, Virudhunagar District Employment Exchange, Virudhunagar District, Virudhunagar. 3.The Assistant Director, Town Panchayats, Madurai. 4.The Executive Officer, Selection Grade Town Panchayat, Seithur, Rajapalayam Taluk, Virudhunagar District. +1 cc to MR.R.ANANDHA RAJ, ADVOCATE, SR NO: 1611 +1 cc to MR.G.MARIMUTHU, ADVOCATE, SR NO: 990 +1cc to M/S.THE SPECIAL GOVERNMENT PLEADER, SR NO: 1688 AR SVA/JM/10.02.2017/3P/8C W.P.(MD) No.2043 of 2015 05.01.2017

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https://hcservices.ecourts.gov.in/hcservices/

P.Murugeswari v. the District Collector

Case brief

What is this about?

What did the court decide?

P.Murugeswari v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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