1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.10217 of 2011 and M.P.(MD).No.1 of 2011 S.Gopi ... Petitioner -Vs- 1.The District Collector, Karur District, Karur. 2.The Assistant Director of Town Panchayats, Dindigul Region,Dindigul. 3.The Executive Officer, Aravakurichi Town Panchayat, Aravakurichi, Karur District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 07.07.2011 and 29.08.2011 and promote him to the post of Record Clerk in the third respondent panchayat. For petitioner : Mr.M.Karthikeya Venkitachalapathy For respondents: Mr.T.S.Mohammed Mohideen Additional Government Pleader ORDER Seeking for a mandamus, directing the respondents to consider the representation, dated 07.07.2011 and 29.08.2011, and promote him to the post of Record Clerk in Aravakurichi Town Panchayat, Aravakurichi, the petitioner has come forward with the present writ petition. 2.According to the petitioner, on 04.07.2011, one Mr.G.Kalaimani, who was working as Record Clerk in the third respondent Panchayat, has been promoted as Junior Assistant and transfered to another Panchayat and consequently, a vacancy has arisen in the abovesaid post and that the petitioner was given additional charge of Record Clerk, vide the proceedings of the third respondent, dated 11.07.2011, in R.C.No.127/11. According to the petitioner, last grade servants in the Town Panchayats, like, Water Assistant, Water Supply Watchman, Night Watchman, Motor Operator and Over Head Tank Operator, are eligible to be considered for promotion to the post of Record Clerk and that the Inspector of Panchayat is having the power to promote them, to any suitable post in Panchayat. According to the petitioner, he is also one such last grade servant, working in the third respondent Panchayat and currently holding additional charge of Record Clerk. In view of the vacancy available in the Panchayat, the petitioner gave a representation to the Executive Officer, third respondent Panchayat on 07.07.2011 and requested to be promoted as Record Clerk. Vide proceedings dated 11.07.2011, in R.C.No.129/11, the third respondent has forwarded the same to the Assistant Director of Town Panchayats, Dindigul Region, Dindigul, the second respondent herein. As no orders have been passed, the petitioner was constrained to prefer https://hcservices.ecourts.gov.in/hcservices/ 2 another representation dated 29.08.2011 to the first respondent herein, on the grievance day. In the abovesaid circumstances, the petitioner has filed the writ petition for the relief stated supra. 3.Heard the learned counsel for the parties and perused the materials available on record. 4.Though the petitioner has contended that a Overhead Tank Operator is also entitled to be considered for promotion to the post of Record Clerk, no rule and regulation has been placed before this Court to substantiate to his contention. However, perusal of the proceedings in R.C.No.129/11, dated 11.07.2011 of the Executive Officer, Aravakurichi Town Panchayat, Karur District, addressed to the Assistant Director of Town Panchayat, Dindigul Region, Dindigul, shows that in the abovesaid Town Panchayat, only a Junior Assistant and a Bill Collector are working and that the post of Office Assistant and Watchman have not been sanctioned. Consequent to the promotion and transfer of one Mr.G.Kalaimani, a post of Record Clerk is vacant and considering the ensuing election, administrative functions and shortage of staff, the Executive Officer, Aravkurichi Town Panchayat, Karur District, has sought for permission from the Assistant Director of Town Panchayats, Dindigul Region, Dindigul, to issue appropriate instructions and orders, in the matter of appointment of the petitioner, to the post of Record Clerk. 5.In the abovesaid circumstances, a direction is issued to the respondents 1 & 2 to consider the letter in R.C.No.129/11, dated 11.07.2011, of the Executive Officer, Aravakurichi Town Panchayat, Karur District and take an appropriate decision, on merits. The respondents 1 & 2 are also directed to consider, as to whether there are any eligible candidates, suitable for appointment to the post of Record Clerk, as per the recruitment rules, applicable to the abovesaid Post. The respondents 1 & 2 are further directed to consider, as to whether filling up of vacant post of Record Clerk is being done, only from the employees of any particular Town Panchayat or from any other sources/method of appointment, as per the recruitment rules. The decision on the representation, dated 07.07.2011, is directed to be taken within a period of four weeks from the date of receipt of a copy of this order. 6.With the above directions, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(Crl.Side) /TRUE COPY/ Sub Assistant Registrar To 1.The District Collector, Karur District, Karur. 2.The Assistant Director of Town Panchayats, Dindigul Region,Dindigul. 3.The Executive Officer, Aravakurichi Town Panchayat, Aravakurichi, Karur District. +1cc to Mr.M.Karthikeyavenkatachalapathy, Advocate SR.No.30630 +1cc to The Special Govt.Pleader SR.No.30935 W.P.(MD).No.10217 of 2011 gcg 08.09.2011 PA/14.09.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/