1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P(MD)No.7363 of 2011 M.Senthil ... Petitioner Vs. 1. The District Collector, Thanjavur, Thanjavur District. 2. The Commissioner, Pattukkottai Panchayat Union, Pattukkottai, Thanjavur District. ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the first and second respondents to consider the petitioner's representation dated 31.12.2010 and consequently direct them to appoint him as a jeep driver on permanent basis at the second respondent office. For Petitioner :Mr.V.Sankaranarayanan For Respondents : Mr.Alaga Thevan Special Government Pleader. O R D E R This Writ Petition has been filed by the petitioner for a Mandamus to direct the first and second respondents to consider the petitioner's representation, dated 31.12.2010 and consequently direct them to appoint him as a jeep driver on permanent basis in the second respondent office. 2. Heard the learned Counsel for the petitioner, the learned Special Government Pleader for the respondents and perused the materials available on record. 3. Contending inter alia that the petitioner has joined in Pattukkottai Panchayat Union, Pattukkottai, Thanjavur District, as temporary driver on 06.07.2004 and working for more than 7 years, the petitioner has claimed that he has a right to be considered for appointment to the post of Jeep driver on permanent basis and hence sought for a mandamus directing the respondents to consider his representation, dated 31.12.2010, for appointment to the said post on permanent basis. https://hcservices.ecourts.gov.in/hcservices/ 2 4. It is evident from page No.5 of the typed set of papers filed along with the writ petition, vide proceedings in R.C.No.2394/2011/A1 dated 31.05.2011, the Commissioner, Pattukkottai Panchayat, Pattukkottai, Thanjavur District, the second respondent herein, has sent a letter to the Assistant Director, Employment and Training, District Employment Office, Thanjavur, inviting his attention to the former's letters dated 02.09.2010, 11.10.2010, 01.11.2010, 15.12.2010, 21.01.2011 and other remainders that the Assistant Director, Employment and Training, District Employment Office, Thanjavur had not sent a list of five names for filling up the post of Jeep driver in Pattukkottai Panchayat, Pattukkottai. Therefore, in his letter, dated 31.05.2011, he has requested the Assistant Director, Employment and Training, District Employment Office, Thanjavur to pay special attention and send the list or to report that no suitable candidate is available with the employment exchange. 5. It is evident from the aforesaid proceedings that the post of jeep driver has to be filled up only through the employment exchange. Though the petitioner has claimed to have worked for nearly seven years as temporary jeep driver, the mode of recruitment is only through employment exchange and that the Assistant Director, Employment and Training, District Employment Office, Thanjavur has already been addressed on 02.09.2010 and several remainders have also been sent. 6. As steps have already taken by the second respondent to fill up the said post through employment exchange, this Court is of the considered view that the petitioner has no legal or statutory right to bye-pass the process of recruitment and to consider his case for appointment by considering his representation. Hence, the mandamus sought for cannot be granted. Accordingly, the Writ Petition stands dismissed. No costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1. The District Collector, Thanjavur, Thanjavur District. 2. The Commissioner, Pattukkottai Panchayat Union, Pattukkottai, Thanjavur District. +1cc to Mr.v.Sankaranarayanan, Advocate, Sr.No.21704 W.P(MD)No.7363 of 2011 04.07.2011 ssl/RR SMA/12.7.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/