IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 3.1.2011 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.1778 OF 2006 M.Bosco .. Petitioner vs. 1. The District Collector Salem 2. The Commissioner, Yercaud Panchayat Union, Yercaud, Salem District .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari to call for the records pertaining to the order of the first respondent in his proceedings in Na.Ka.No.81932/2005/Ni.8, dated 18.1.2006, and quash the same. For petitioner : Mr.P.Ganesan For respondents : Mr.S.Gopinathan Additional Government Pleader for R1 Mr.V.Manoharan for R2 O R D E R It has been stated that the petitioner was employed in the Yercaud Town Panchayat, as a chain-man, by an order passed by the District Collector, Salem, on 5.12.1991. By an order of the first respondent, dated 4.8.1997, he was brought under the employment of the Yercaud Panchayat Union. 2. It had also been stated that the petitioner had been appointed, as a chain-man, on a regular basis, as he was fully qualified for the said post. The petitioner's appointment had been made, after his name had been sponsored by the concerned Employment Exchange. https://hcservices.ecourts.gov.in/hcservices/ 3. It had also been stated that, after the petitioner had rendered 10 years of service, he was given the selection grade, in the year, 2001. While so, the first respondent had passed the impugned order, dated 18.1.2006, stating that his employment would be subject to the availability of work, in spite of the fact that the petitioner's employment was a permanent nature. Therefore, the impugned order of the first respondent, dated 18.1.2006, is arbitrary, illegal and void. 4. An additional counter affidavit has been filed on behalf of the first respondent. Paragraph No.5 of the additional counter affidavit reads as follows: "5. It is submitted that for the Panchayat Union establishment in the State the above staffs are not sanctioned since they are not necessary to carry over the duties and responsibilities of a Panchayat Union. So their services are not needed for Panchayat Union operations. However, at present they are being unused to carryover the duties and responsibilities of Yercaud Panchayat union but not in full gear which is not good for administration. So, it is revealed that they are being paid with salaries and allowances without utilising them fully, which is also cited as the excess expenditure for the extraction and utilisation of their service and efficiently. Hence, the petitioner was transferred on deputation to Land and Survey Department in Salem District itself as chainman with the intention to utilise the petitioner for the purpose for which he was appointed by the erstwhile Yercaud Town Panchayat. There is no reduction of rank, salary or any other benefits and rights for which he is eligible and receiving now and in future. This is purely on administrative grounds and in the public interest and thus sustainable before law. Hence the contention of the applicant is not acceptable one. In respect ground A and B of the affidavit, it is submitted that the petitioner is being used to carryover the duties and responsibilities of Yercaud Panchayat Union but not in full gear which is not good for administration. So, it is revealed that the petitioner is being paid with salaries and allowances without utilising him fully, which is also cited as the excess expenditure for the extraction and utilisation of service and efficiency of the petitioner. Hence the petitioner was transferred on deputation to land and Survey Department in Salem District itself as chainman with the intention to utilise the petitioner for the purpose for which he was appointed by the erstwhile Yercaud Town Panchayat. There is no reduction of rank, salary or any other benefits and rights for which he is eligible and receiving now and in future. The petitioner's ear of losing https://hcservices.ecourts.gov.in/hcservices/ salary and belated payment of salary which the petitioner is on deputation is unnecessary and it is purely on imagination on the mind of the petitioner. The above transfer on deputation to Land and Survey Department in Salem District itself is purely on administrative grounds and in the public interest and thus sustainable before law and rules in force." 5. In paragraph 5 of the additional counter affidavit filed on behalf of the first respondent, it is made clear that the petitioner had been transferred to the Land and Survey Department, Salem District, on deputation, as a chain-man, with the intention of utilising his service in the said Department. It had also been stated that there would be no reduction in the rank or in the salary being paid to the petitioner. It had also been stated that the other service benefits due to the petitioner would be granted to him. It has also been stated that the deputation of the petitioner to the Land and Survey Department, Salem, is purely, on administrative grounds, as it is in public interest. In such circumstances, since, no further orders are necessary, the writ petition stands closed. No costs. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar lan To: 1. The District Collector Salem 2. The Commissioner Yercaud Panchayat Union Yercaud, Salem District + 1 cc to Mr.S. Mani, Advocate sR.523 + 1 cc to Mr.cv. Manoharan, Advocate Sr.132 + 1 cc to Government Pleader SR.318 W.P.No.1778 OF 2006 SR(CO) Eu 31.1.11 https://hcservices.ecourts.gov.in/hcservices/