IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 12.2.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.35160 of 2006 G.Krishnamoorthy, ... Applicant -Vs.- 1.The Secretary to Government, Municipal Administration and Water Supply (Town Panchayat) Department, Chennai-9. 2.The Director of Town Panchayats, Kuralagam, Chennai-108. 3.The District Collector, Cuddalore District, Cuddalore. 4.The Assistant Director of Town Panchayats, Cuddalore Region, Cuddalore. 5.The Executive Officer, Tittagudi Town Panchayat, Tittagudi. ... Respondents Original Application No.7764 of 1998 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to call for the records pertaining to the memorandum in Na.Ka.No.30291/97 dated 29.1.98 and memorandum in Na.Ka.No.13589/98-A1 dated 22.6.98 passed by the first respondent and set aside the same and direct the respondents to appoint the applicant as Junior Assistant/Bill Collector with reference to the classificatory orders issued in G.O.Ms.No.1499, Labour and Employment Department, dated 3.8.89 on par with his Junior Thiru S.Kumar, with all consequential and monetary benefits. Since the Tamilnadu Appellate Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. For petitioner : Mr.G.Elanchezhiyan https://hcservices.ecourts.gov.in/hcservices/ For respondents : Mr.B.Vijay, Government Advocate for R1 to R4 Mr.M.Devadoss for R5 O R D E R Original Application No.7764 of 1998 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to call for the records pertaining to the memorandum Na.Ka.No.13589/98-A1 dated 22.6.98 passed by the first respondent and set aside the same and direct the respondents to appoint the applicant as Junior Assistant/Bill Collector with reference to the classificatory orders issued in G.O.Ms.No.1499, Labour and Employment Department, dated 3.8.89 on par with his Junior Thiru S.Kumar, with all consequential and monetary benefits. Since the Tamilnadu Appellate Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. 2. The petitioner, Record Clerk, prays that he should be appointed as Junior Assistant whereas he has been wrongly appointed as record clerk. He seeks the benefit of G.O.Ms.No.1499 Labour and Employment Department, dated 3.8.89. It is stated that the petitioner has made a representation and the same was not considered in the light of the above said G.O. However, in the reply affidavit filed by the respondents, it has been stated as follows:- "The Government in G.O.Ms.No.150/Municipal "Administration and Water Supply (TP2) Department, dated 19.08.1998 has issued orders that 20% of the vacancy arising in the cadre of Provincialised Posts should be reserved and they should be filled from among the eligible individuals belonging to the category of Record Clerk and below and a Committee has been constituted under the head of the District Collector for such recruitment and this should be done only after getting concurrence from the Tamil Nadu Public Service Commission and Government action is being taken to consider the case of the petitioner along with other such cases by the Government for appointment in the Provincialised Posts." 3. In such view of the matter, the petitioner is permitted to make a further representation within a month from the date of receipt of a copy of this order in the light of the above stand taken by the https://hcservices.ecourts.gov.in/hcservices/ respondents and the respondents shall consider and dispose off the same within two months thereafter on merits and in accordance with law. The Writ Petition is disposed off accordingly. No costs. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar ts To 1.The Secretary to Government, Municipal Administration and Water Supply (Town Panchayat) Department, Chennai-9. 2.The Director of Town Panchayats, Kuralagam, Chennai-108. 3.The District Collector, Cuddalore District, Cuddalore. 4.The Assistant Director of Town Panchayats, Cuddalore Region, Cuddalore. 5.The Executive Officer, Tittagudi Town Panchayat, Tittagudi. 1 cc to Mr.M.Devadoss, Advocate, Sr.No.9781 1 cc to Mr.G.Elanchezhiyan, Advocate, Sr.No.9594 1 cc to Government Pleader, Sr.No.9681 Order in W.P.No.35160 of 2006 RB {CO} TP/3.3.2010. https://hcservices.ecourts.gov.in/hcservices/