1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.13008 of 2011 and M.P.(MD).Nos.2 and 3 of 2011 1. M.Lobo 2. L.Daniel Kamaraj ... Petitioners Vs. 1. The District Collector, Pudukottai District,Pudukottai. 2. The Panchayat Union Commissioner, Viralimalai,Pudukottai District. 3. R.Santhanakrishnan,Office Assistant, Panchayat Union Office, Pudukottai District. 4. A.Mohandoss, Office Assistant, Panchayat Union Office, Viralimalai,Pudukottai District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records from the first respondent relating to [1] Pro.Na.Ka.No.10215/07/Pa2 (Development) dated 21.03.2008; [2] Na.Ka.Pa.3-4177-2006 (Development) dated 12.05.2008; by appointing the third respondent as Office Assistant at Viralimalai Panchayat Union Office and [3] Na.Ka.Pa.3/4177/2006 (Development) dated 23.05.2008 by transferring and appointing the fourth respondent as Office Assistant at Viralimalai Panchayat Union Office from Ponnamaravathy Panchayat Union Office, quash the same and issue directions to the first respondent to pass consequential order of approval of the appointment as Office Assistants of the petitioners herein in Viralimalai Panchayat Union and appoint them with effect from 27.06.2011 with all consequential service and monetary benefits. For Petitioners : Mr.M.Ravi For R1 and R2 : Mr.B.Pugalenthi,Special Govt. Pleader O R D E R The petitioners M.Lobo and L.Daniel Kamaraj by challenging the appointment of respondents 3 and 4, have filed the present Writ Petition seeking issuance of a Writ of Certiorarified Mandamus to call for the records from the first respondent relating to Pro.Na.Ka.No.10215/07/Pa2 (Development) dated 21.03.2008, another https://hcservices.ecourts.gov.in/hcservices/ 2 proceeding passed in Na.Ka.Pa.3-4177-2006 (Development) dated 12.05.2008, by appointing the third respondent as Office Assistant at Viralimalai Panchayat Union Office and the third proceeding passed in Na.Ka.Pa.3/4177/2006 (Development) dated 23.05.2008, by transferring and appointing the fourth respondent as Office Assistant at Viralimalai Panchayat Union Office from Ponnamaravathy Panchayat Union Office and to quash these proceedings with the direction to the first respondent to pass consequential order of approval of the appointment as Office Assistants of the petitioners herein in Viralimalai Panchayat Union and appoint them with effect from 27.06.2011 with all consequential service and monetary benefits. 2. When the matter was taken up, during the pendency of the Writ Petition, the first petitioner has also filed an additional affidavit dated 30.11.2011, stating that there are five vacancies in the post of Office Assistant in Pudukottai District. Therefore, the said affidavit mentioned that the petitioners have no objection for the appointment of the respondents 3 and 4 as Office Assistant. However, since the petitioners having been appointed through appointment Committee by following the Government Order through sponsorship from the employment exchange, the respondents 1 and 2 should be directed to approve the appointment order from the date of new appointment in the above mentioned vacancies. 3. No counter affidavit has been filed. 4. After taking instruction, the learned Special Government Pleader appearing for the respondents 1 and 2 submitted before this Court that there are vacancies in the post of Office Assistant in Pudukottai District. 5. In that view of the matter, this Court without going into the other aspects raised by the petitioners, directs the first respondent, the District Collector, Pudukottai to appoint the petitioner in the existing vacancies, preferably within a period of four weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The District Collector, Pudukottai District, Pudukottai. 2. The Panchayat Union Commissioner, Viralimalai, Pudukottai District. +one cc to Special Government Pleader, Sr.No. 46005 W.P.(MD)No.13008 of 2011 22.12.2011 akv SMA/02.01.2012/4C/3P https://hcservices.ecourts.gov.in/hcservices/