1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18/08/2011 C O R A M THE HONOURABLE Mr.JUSTICE S.MANIKUMAR Writ Petition (MD)No.9269 of 2011 P.Dhass ... Petitioner Vs 1.The Director Rural Development & Panchayat Raj Panakal Building, Chennai. 2.The District Collector Madurai District, Madurai. 3.The Block Development Officer, Chellampatti Panchayat Union, Madurai District. 4.The Commissioner Chellampatti Panchayat Union, Madurai District. ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to direct the first and second respondents to consider the petitioner's representation dated 14.08.2009 for the promotion of Junior Assistant in the light of the recommendation made by the third respondent by his Na.Ka.No.A1/1991-08 dated 19.01.2011 for the promotion of Junior Assistant. For petitioner ...Mr.M.O.Thevankumar For respondent ...Mr.T.S.Mohammed Mohideen RR1 and RR2 Addl. Government Pleader RR3 and 4 Mr.K.P.Krishnadoss ORDER Seeking for a mandamus, directing the Director of Rural Development and Panchayat Raj, and the District Collector, respondents 1 and 2 herein, to consider the petitioner's representation, dated 14.08.2009, for promotion to the post of Junior Assistant, in the light of the recommendation made by the Block Development Officer, the third respondent herein, by his Na.Ka.No.A1/1991-08 dated 19.01.2011, the writ petition has been filed. 2. According to the petitioner, he has completed 10+2 and also did his Tamil Pandit Certificate course. Pursuant to his name being sponsored by the District Employment Exchange, he was selected and appointed to the post of Road Roller Cleaner on 23.11.1994. His services were regularised with effect from 22.11.1996, fixed in the pay scale of Rs.2550-55-2660-60-3200. The petitioner had worked as Road Roller Cleaner for nearly 14 years. Thereafter, he was transferred and appointed as Night Watchman and that the pay in the post of Night Watchman and Road Roller is one and the same. The petitioner has further submitted that for the post of Junior Assistants, 10% of the https://hcservices.ecourts.gov.in/hcservices/ 2 posts are filled up by promotion from among the feeder category posts, Night Watchman, Office Assistant etc. and that he had not been considered for promotion to the post of Junior Assistant against 10% vacancies. Being aggrieved by the same, the petitioner has sent a representation, dated 14.08.2009, to the District Collector, Madurai, the second respondent herein, through the Block Development Officer, Chellampatti Panchayat Union, Madurai, the third respondent herein, requesting for promotion to the post of Junior Assistant. 3. The petitioner reliably understands that on his representation, respondents 1 and 2 have sought for clarification from the Block Development Officer, Chellampatti Panchayat Union, the third respondent herein, as to whether, the petitioner could be considered for promotion. Pursuant to the same, the third respondent, in his proceedings Rc.No.1981/2006, dated 23.08.2010, has clarified that post of Night Watchman and Road Roller Cleaner carries equal pay and on that basis, the third respondent has submitted that the petitioner is eligible to be considered for promotion to the post of Junior Assistant. The petitioner has further submitted that by proceedings in Rc.No.60113/09 dated 04.01.2011, the District Collector, has sought for clarification, and that, the third respondent by his proceedings in Rc.No.8136/10/C3 dated 08.12.2010 has furnished the particulars sought for. It is the further case of the petitioner that though all the particulars have been furnished to the respondents 1 and 2, his representation, dated 14.08.2009, is still pending consideration. In the abovesaid circumstances, he has come forward with this present writ petition. 4. Considering the limited request made by the petitioner, Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader and Mr.K.P.Krishnadoss, learned counsel for the respondents are put on notice. 5. Heard the learned counsel for the parties and perused the materials available on record. 6. Pleading and material on record disclose that by proceedings in Mu.Mu.No.5020/1996, dated 17.12.1996, the third respondent, Block Development Officer, has issued orders declaring the satisfactory completion of the probation period of the petitioner from the date of his appointment i.e. on 23.11.1994. In Rc.No.A1/1991/08, dated 21.08.2009, the Block Development Officer, the third respondent herein, has sent a letter to the District Collector forwarding a representation of the petitioner dated 14.08.2009 for appointment to the post of Junior Assistant. Proceedings in Rc.No.1397/2010/a1 dated 08.06.2010 of the Commissioner of Chellampatti Panchayat Union, the fourth respondent herein, enclosed in the typed set of papers shows that as per the orders issued by the Government in G.O.No.55 Rural Development Department dated 15.06.2006, four employees, doing Bore well repair works, employed on daily wage basis and completed more than 10 years of service, have been appointed as Junior Assistants, subject to satisfaction of the qualification prescribed for the post. https://hcservices.ecourts.gov.in/hcservices/ 3 7. Material on record further discloses that by considering the representation of the petitioner, the Block Development Officer, Chellampatti Panchayat Union, the third respondent herein, in Rc.No.1991/2006/A1, dated 23.08.2010, in his letter addressed to the District Collector, the second respondent herein, has stated that the petitioner has entered the service on 23.11.1994 and that, as Road Roller Cleaner, as he has rendered for more than 10 years and granted selection grade and also satisfied the educational qualification prescribed for the post of Junior Assistant, and therefore, he should be considered. 8. Material on record also discloses that the District Collector, has sought for certain particulars in his proceedings dated 04.01.2011, which were also furnished in Rc.No.A1/1991/08, dated 19.01.2011 by the third respondent herein. The petitioner has rendered more than 17 years of service, since 23.11.1994, in the post of Road Roller Cleaner as well as Night watchman, as stated supra. Those, who have worked for more than 10 years, on daily wages basis have been considered for the post of Junior Assistant subject to the satisfying the educational qualification and if no disciplinary proceedings were pending against them. In the abovesaid circumstances, when persons engaged in repair works have been considered for promotion to the post of Junior Assistant, the respondents 1 and 2 are bound to consider the representation of the petitioner as to whether he is on equal footing with others and eligible to be promoted to the post of Junior Assistant and in such circumstances, a direction is issued to the respondents 1 and 2 to take appropriate decision on the representation of the petitioner, dated 14.08.2009, in the light of the request made by the third respondent and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. With the above directions, the writ petition is disposed of. No costs. Sd/- Assistant Registrar(Records) /TRUE COPY/ Sub Assistant Registrar To 1.The Director,Rural Development & Panchayat Raj, Panakal Building, Chennai. 2.The District Collector,Madurai District, Madurai. 3.The Block Development Officer, Chellampatti Panchayat Union,Madurai District. 4.The Commissioner,Chellampatti Panchayat Union, Madurai District. +1cc to The Special Govt.Pleader SR.No.28508 +1cc to Mr.M.Thirunavukkarasu, Advocate SR.No.28392 Writ Petition No.9269 of 2011 18.08.2011 RR PA/07.09.2011/3P/7C https://hcservices.ecourts.gov.in/hcservices/