S ELAVARASAN Vs. DISTRICT COLLECTOR PUDUKKOTTAI DISTRICT

JUDGEMENT

(1.) The petitioner, who was a Panchayat Assistant in the Nodiyur Panchayat, has come forward to challenge the order passed by the District Collector, Pudukkottai, the first respondent dated 25.11.2009.

(2.) The provocation for passing the impugned order was due to the earlier Writ petition filed by the petitioner in W.P.(MD)No.11059 of 2009 wherein this Court by order dated 02.11.2009, directed the petitioner's representation to be considered. It is pursuant to the said direction, the District Collector passed the impugned order. The petitioner was informed that he was appointed on account of a vacancy caused due to the removal of the earlier incumbent to the office by name Sivakumaran. The said S.Sivakumaran challenging the suspension, moved this Court in W.P.(MD)No.8382 of 2007 and this Court by order dated 07.10.2009 set aside the order of suspension and directed to reinstate him in service. Therefore, in order to give effect to this order passed by this Court, the said S.Sivakumaran i.e., the 4th respondent was reinstated as a Panchayat Assistant of Nodiyur Panchayat.

(3.) The District Collector also informed that in respect of the Panchayat Assistant, there is only one post in the Panchayat and the said post cannot be occupied by two persons. Therefore, his request for restoration to the post will not arise. Challenging the same, the present Writ petition has been filed.