IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 09.12.2010 CORAM THE HONOURABLE MR. JUSTICE M.M.SUNDRESH W.P. NO.12011 OF 2008 AND W.P.M.P.NOS.1 AND 2 OF 2008 S.Umarani .. Petitioner Versus 1. The District Collector Cuddalore District Cuddalore. 2. The Block Development Officer Cuddalore Block Development Office Cuddalore. .. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in relating to the appointment to the Makkal Nala Paniyalar Post in Periyakanganam Kuppam Village, Cuddalore Panchayat Union at Cuddalore vide Paper Publication dated 15.04.2008 of "Dinamalar" and quash the same and consequently directing the respondent to reinstate the petitioner into service. For Petitioner : M/s.Selvi Rajesh for M/s.S.Mazhaimeni Pandian For Respondent-1 : M/s.D.Geetha Additional Government Pleader For Respondent-2 : Mr.R.Thirugnanam O R D E R The writ petition has been filed by the petitioner seeking a writ of certiorarified mandamus, calling for the records of the respondent No.2 by which publications have been made seeking for the appointment of 'Makkal Nala Paniyalar Post' in Periyakanganam Kuppam Village, Cuddalore Panchayat Union, Cuddalore. 2.The petitioner herein was appointed as 'Makkal Nala Paniyalar' by the respondent No.1 on 16.07.1990 on a temporary basis. https://hcservices.ecourts.gov.in/hcservices/ Thereafter by the proceedings dated 10.09.1997, she was again appointed for a period of one year on a contract basis. It is the case of the petitioner that she has been working continuously thereafter. By the proceedings dated 24.07.2006, she was appointed for another period of one year on a consolidated pay of Rs.1000/- per month. 3.The petitioner was not able to attend the office from 12.07.2007 to 15.03.2008, as a result the petitioner's post was declared vacant and a publication was made by the respondent No.2 to fill up the said post. The petitioner has produced leave letters and medicate certificates stating that due to her ill health she could not attend the office. The petitioner has also made a representation on 21.04.2008 requesting for the appointment, after the publication made by the respondent No.2. Since no action has been taken inspite of the said representation followed by a legal notice, the petitioner has come forward to file the present writ petition. 4.The fact that the petitioner has been working as 'Makkal Nala Paniyalar' from the year 1990 onwards has been disputed or denied. Merely because the petitioner was absent for some time, the petitioner cannot be deprived from the post she was working all though on a temporary basis from the year 1990 onwards. The petitioner has expressed her grievance by way of her representation dated 21.04.2008 to the respondent No.1. The said representation is still pending consideration by the respondent No.1. 5.Therefore, taking into consideration of the above said facts and without going into the merits of the case, a direction is issued to the petitioner to make a representation to the respondent No.1, within a period of four (4) weeks, from the date of receipt of a copy of this order, enclosing a copy of the representation already made on 21.04.2008. The respondent No.1 is directed to dispose of the representation of the petitioner dated 21.04.2008, within a period of eight (8) weeks thereafter. 6.The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar sri https://hcservices.ecourts.gov.in/hcservices/ To 1. The District Collector Cuddalore District Cuddalore. 2. The Block Development Officer Cuddalore Block Development Office Cuddalore. 1 cc To Mr.Selvi Rajesh, Advocate, SR.88413 1 cc To The Government Pleader, SR.88232 1 cc To Mr.R.Thirugnanam, Advocate, SR.88212 W.P. NO.12011 OF 2008 JRG (CO) RH (4.1.11) https://hcservices.ecourts.gov.in/hcservices/