1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22/3/2011 C O R A M THE HONOURABLE MR.JUSTICE K.VENKATARAMAN Writ Petition (MD)No.3287 of 2011 S. Mariappan ... Petitioner Vs The Commissioner Vasuthevanallur Panchayat Union Vasuthevanallur Sivagiri Taluk Tirunelveli District. ... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus to direct the respondent to consider the petitioner's representation dated 19/2/2011 seeking appointment as Night Watchman in the Panchayat Union Office in the light of the award passed by the Hon'ble Labour Court, Tirunelveli in I.D.No.82 of 2002 on 24/7/2008 within the period that may be stipulated by this Court. For Petitioner : Mr.M.Ajmal Khan For Respondent : Mr.V.Rajasekaran Special Government Pleader - - - - - O R D E R By consent, the main writ petition itself is taken up for final disposal. 2. Mr.V.Rajasekaran, Special Government Pleader takes notice on behalf of the respondent. 3. The petitioner has come up with the present Writ Petition praying to direct the respondent to consider the representation of the petitioner dated 19/2/2011 in and by which, he has sought for appointment as Night Watchman in Panchayat Union Office in the light of the Award passed by the labour Court, Tirunelveli in I.D.No.82 of 2002 dated 24/7/2008. 4. The proceeding before the labour Court, Tirunelveli in I.D.No.82 of 2002 was at the instance of the petitioner. The claim of the petitioner therein was that he was continuously employed as Night Watchman for more than three years and hence he shall be provided continuous employment. The labour Court rejected the claim of the https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner, but, however, has held that if there is any vacancy, in future, the case of the petitioner shall be considered on priority basis. The petitioner therefore, sent a representation to the respondent dated 19/2/2011 seeking appointment as Night Watchman in the Panchayat Union Office. Since the same was not considered, the petitioner has come up with the present writ petition. 5. Even according to the learned counsel appearing for the petitioner now no appointment was made in the Panchayat Union Office. In such circumstances, there cannot be any grievance for the petitioner. As and when vacancy arises and if it is going to be filled up, definitely, the respondent has to consider the order passed by the labour Court in the proceeding referred to above. 6. Taking such view, I am not inclined to grant the relief that has been sought for by the petitioner and the writ petition stands dismissed. However, the respondent has to consider the case of the petitioner for appointment as Night Watchman, giving preference to him, in the light of the observation made by the labour Court referred to above. No costs. Sd/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To The Commissioner Vasuthevanallur Panchayat Union Vasuthevanallur, Sivagiri Taluk Tirunelveli District. +1 CC TO MR. M. AJMAL KHAN, ADVOCATE S.R NO. 7576 W.P.(MD)No.3287 of 2011 22.03.2011 mvs PAM 01.04.2011/3C/2P https://hcservices.ecourts.gov.in/hcservices/