1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.11.2011 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU WP(MD)No.1233 of 2011 V.Periasamy :Petitioner -Vs- 1.The Special Commissioner and Secretary to Government, National Rural Employment Guarantee Scheme and Tsunami Rehabilitation Programmes, Chepauk, Chennai-5. 2.The Director of Environment, Department of Environment, Panagal Buildings, No.1, Jeenis Road, Saidapet, Chennai-600 015. 3.The District Collector, Thoothukudi District, Thoothukudi. 4.The Deputy Conservator of Forests, Project Coordination Unit-ETRP, Department of Environment, Plot No.1, Geetha Nagar, Muthiahyapuram, Thoothukudi-5. :Respondents This writ petition has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus to direct the first respondent to consider the petitioner for appointment to the post of Overseer/Field Assistant in the Rural Development and Panchayat Raj Department considering the representation, dated 30.8.2010 preferred by the petitioner in the light of G.O.(Ms)No.332, dated 16.7.2010 issued by the Revenue Department. For Petitioner : Mr.S.M.Mohan Gandhi For Respondents : Mr.K.Mahesh Raja, GA ORDER The petitioner has filed the present writ petition seeking for a direction to consider his representation, dated 30.8.2010 for appointment to the post of Overseer / Field Assistant in the Rural Development and Panchayat Raj Department. 2.In this writ petition, only notice of motion was ordered. The petitioner was appointed as a Field Assistant by the second respondent on 16.6.2006 initially for a period of one year. Thereafter, it was extended by the Government from time to time. Thereafter, the petitioner's service was termination with effect from 31.3.2009. The similarly placed persons filed a writ petition in W.P.No.14774 of 2009. In that writ petition, by an order dated 28.07.2009, this court merely directed the respondents to consider the case of the petitioners as was done https://hcservices.ecourts.gov.in/hcservices/ 2 in the case of drivers and Office Assistants by G.O.No.640, Revenue Department, dated 02.11.2007 and in the light of the recommendations made by the department. Except for considering the case, no other relief was granted. 3.In this writ petition, the fate of the earlier representation and the consequential order is not set out in the typed set. But the petitioner has come with a representation, dated 30.8.2010 to consider his case in accordance with law. The petitioner has not made out any case to issue such a direction since G.O.Ms.No.332, dated 16.7.2010 only dealt with the ministerial service and not the case of the petitioner. Inasmuch as the petitioner was terminated and that G.O.Ms.No.96, dated 6.6.2008 was upheld by this court in a batch of writ petitions in W.P.(MD)Nos.6239, 6955 to 6957 and 7783 of 2008, dated 24.09.2010, the petitioner has no right to demand for his appointment as Overseer. 4.In the light of the above, there is no case made out. Accordingly, the writ petition will stand dismissed. No costs. Sd/- Assistant Registrar (Crl.side) / TRUE COPY / Sub Assistant Registrar To: 1.The Special Commissioner and Secretary to Government, National Rural Employment Guarantee Scheme and Tsunami Rehabilitation Programmes,Chepauk, Chennai-5. 2.The Director of Environment,Department of Environment, Panagal Buildings, No.1, Jeenis Road,Saidapet, Chennai-600015. 3.The District Collector,Thoothukudi District,Thoothukudi. 4.The Deputy Conservator of Forests, Project Coordination Unit-ETRP,Department of Environment, Plot No.1, Geetha Nagar,Muthiahyapuram,Thoothukudi-5. +1CC to The Special Government Pleader. SR.No.40330. Vvk RP/29.11.2011/2P/6C. W.P.(MD)NO.1233 of 2011 17.11.2011. https://hcservices.ecourts.gov.in/hcservices/