M BAKTHAVACHALAM Vs. DISTRICT COLLECTOR DHARMAPURI DISTRICT

JUDGEMENT

(1.) THE petitioner was appointed as Panchayat Assistant in Marachandran Village Panchayat, Dharmapuri District, by order dated 25.1.1991. He underwent selection process before his appointment. While so, he was transferred by the second respondent to Alekundani Village Panchayat by order dated 16.06.1997.

(2.) ACCORDING to the petitioner, the 3rd respondent refused to allow him to work as Panchayat Assistant from 18.4.1998. The refusal to give work to the petitioner was an oral one. The petitioner made representations to the respondents 1 and 2 to provide him employment. The second respondent issued proceedings dated 21.01.2003 directing the petitioner to appear before him on 5.2.2003 relating to provide employment to the petitioner. After enquiry, the second respondent, by order dated 23.2.2003 recommended that the petitioner be given reemployment if he pays Rs.5111/- that was misappropriated, in any one of the vacancies in the second respondent Panchayat Union. The petitioner wrote letters dated 21.4.2003, 04.07.2003, 9.7.2003 and 28.07.2003 explaining that he paid the amount in April 1998 itself and therefore, the second respondent was not correct in directing him to remit the amount for providing employment. He requested the first respondent to provide employment vide his letter dated 4.08.2003. He also wrote another letter dated 28.8.2003 to the Director of Rural Development in this regard.

(3.) IN these circumstances, the first respondent passed the impugned order dated 01.04.2005 stating that since the petitioner was unauthorisedly absent from 01.04.1998, he is not entitled for reinstatement. The petitioner has filed the present writ petition to quash proceedings of the first respondent dated 01.04.2005 and reinstate the petitioner into service as Panchayat Assistant in any one of the existing vacancies in Dharmapuri District with all consequential and attendant benefit with continuity of service including arrears of salary for the period of non-employment.