1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:30/08/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD) No.9865 of 2011 and M.P.(MD).No.1 of 2011 Meena ... Petitioner Vs. 1.The District Collector, Karur District, Karur. 2.The Assistant Director of Town Panchayats, Dindigul Region, Dindigul. 3.The Executive Officer, Punjai Pugalur Town Panchayat, Punjai Pugalur, Karur District. 4.M.Palanisamy ... Respondents Petitions filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, to direct the respondents 1 to 3 to consider the petitioner's representation dated 11.07.2011 in terms of G.O.Ms.No.205 of Rural Development Department, dated 23.03.1989 and promote the petitioner to the post of Public Health Maistry or Sanitary Maistry in the third respondent Panchayat. For petitioner .. Mrs.Meena (Party in person) For respondents 1 to 3 .. Mr.S.Chandrasekar, Government Advocate ORDER The petitioner has sought for a mandamus directing the respondents 1 to 3 to consider her representation, dated 11.07.2011, in terms of G.O.Ms.No.205, Rural Development Department, dated 23.03.1989 and to promote her to the post of Public Health Maistry or Sanitary Maistry in Punjai Pugalur Town Panchayat, Punjai Pugalur, Karur District. 2.It is the case of the petitioner that she was appointed as sweeper in the third respondent Panchayat on 01.12.2000. According to her, she possesses necessary qualifications for appointment to the post of Public Health Maistry or Sanitary Maistry, as per G.O.Ms.No.205, Rural Development Department, dated 23.03.1989. On 30.09.2002, one Mr.V.K.Murugesan, who was working as Public Health Maistry in the third respondent Panchayat, proceeded on voluntary retirement. As the petitioner was eligible to be considered for appointment to the above said post, she gave a representation to the respondents. However, the respondents did not pass any orders on the said representation. Now Mr.M.Mani, who was working as Public Health Maistry in the third respondent Panchayat, has been promoted as Junior Assistant and relieved https://hcservices.ecourts.gov.in/hcservices/ 2 on 07.07.2011. Consequently, a vacancy has arisen in the third respondent Panchayat to the post of Public Health Maistry. In the above said circumstances, the petitioner submitted a representation, dated 11.07.2011, to the District Collector, Karur District, on the grievance day and that the same has been forwarded to the Executive Officer, Punjai Pugalur Town Panchayat, Punjai Pugalur, Karur District, the third respondent herein. According to the petitioner, the third respondent, after receiving her representation, instead of appointing her to the post of Public Health Maistry, is trying to appoint the fourth respondent, who is working as Overhead Tank Operator and that it is contrary to G.O.Ms.No.205, Rural Development Department, dated 23.03.1989. Finding no other alternative, the petitioner has approached this Court for the relief, as stated supra. 3.Heard the party-in-person and Mr.S.Chandrasekar, learned Government Advocate, appearing for the respondents 1 to 3. 4.In G.O.Ms.No.205, Rural Development Department, dated 23.03.1989, the Government had framed the Tamil Nadu Town Panchayat Establishment Rules, 1988. The constitution of basic service consists of three classes. The post of Public Health Maistry or Sanitary Maistry, falling in category 1 of class II, has to be filled up (a) by promotion from category 2 of class II (b) by direct recruitment. The qualification prescribed for appointment to the above said post is (i) a pass in III form or VIII standard & (ii) must be able to ride a bicycles. The post of Public Health Worker, Sanitary Worker, Scavenger, Sweeper and Thotti, fall in category 2 of class II. Class III consists of following posts, (a)Gardener, (b)Watchman, (c) Watchman-cum-Gardener, (d)Watchman-cum-watchman, & (e)Turncock. Perusal of Rules 4 & 5 of the Tamil Nadu Town Panchayat Establishment Rules, 1988, shows that for appointment to the post of Public Health Maistry or Sanitary Maistry, promotion is one of the modes and that persons working in category 2 of class II with the qualifications viz., (a) pass in III form or VIII standard (ii) must be able to ride a bicycle, can be considered for the said posts. The appointment or promotion cannot be made from class III. The petitioner says that she knows cycling. 5.The materials on record disclose that in September 2002, when Mr.V.K.Murugesan, Sanitary Maistry, went on voluntary retirement, the petitioner has made a representation to the District Collector, Karur, to consider her candidature against the said vacant post. In proceedings R.C.No.268/2002, dated 16.08.2002, the Executive Officer of the above said Town Panchayat has sent a communication to the petitioner stating that as and when appropriate instructions are received from higher authorities, further action would be taken. A copy above said proceedings, dated 16.08.2002, has also been sent to the District Collector, Karur. In yet another proceedings in O.Mu.No.5569/2002/Town Panchayat 2, dated 21.09.2002, the Assistant Director of Town Panchayats, Dindigul Regional, Dindigul, has directed the Executive Officer of the third respondent Panchayat to take appropriate action, on the representation of the petitioner, dated 02.08.2002, for promotion. Thus, it could be seen that right from 2002 onwards, the petitioner has made representations to consider her case for promotion to the post of Public Health Maistry or Sanitary sweeper. No materials have been placed before this Court, as to what has happened further. Though the petitioner has https://hcservices.ecourts.gov.in/hcservices/ 3 contended that she has made a representation on 11.07.2011, no proof of acknowledgement has been enclosed in the typed set of papers, filed along with the writ petition, to prove the same. 6.Nevertheless, materials on record disclose that in 2002, when the petitioner staked her claim to the promotional post of Public Health Maistry or Sanitary Maistry, her case was under consideration and appropriate orders were also sought to be obtained from the higher authorities. The post of Overhead Tank Operator does not figure in category 2 of class II of the Tamil Nadu Town Panchayat Establishment Rules, 1988. In such circumstances, it is the duty of the respondents 1 to 3 to adhere to the statutory provisions without any deviation. The apprehension of the petitioner that one Mr.Palanisamy, working as Overhead Tank Operator, is likely to be appointed to the post of Public Health Maistry, has not been substantiated by producing any material documents. Even the contention of the petitioner that the representation, dated 11.07.2011, has been acknowledged and forwarded to the Assistant Director of Town Panchayat, Dindigul Region, Dindigul District, has not been substantiated by filing any proof of acknowledgement. In such circumstances, the mandamus prayed for cannot be granted. However, it is open to the petitioner to submit a representation to the respondents 1 to 3 and if any such representation for promotion to the post of Public Health Maistry or Sanitary Maistry, etc. is made by the petitioner, the respondents are directed to pass orders on the said representation on merits, in accordance with law and also with reference to the statutory provision contained in the Tamil Nadu Town Panchayat Establishment Rules, 1988. While considering the representation, the respondents shall take into consideration the educational and other qualifications said to have been possessed by the writ petitioner. The said exercise shall be done within a period of four weeks from the date of receipt of a representation from the petitioner. It is made clear that the respondents shall not make any appointment contrary to the statutory rules, governing the appointment of Public Health Maistry or Sanitary Maistry. 7.The writ petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed. No costs. gcg Sd/- Assistant Registrar[T&P] /True copy/ To Sub Assistant Registrar 1.The District Collector, Karur District, Karur. 2.The Assistant Director of Town Panchayats, Dindigul Region, Dindigul. 3.The Executive Officer, Punjai Pugalur Town Panchayat, Punjai Pugalur, Karur District. W.P.(MD) No.9865 of 2011 and M.P.(MD).No.1 of 2011 Dated:30.08.2011 3P/4C RPB 09.09.2011 https://hcservices.ecourts.gov.in/hcservices/