B RAMESH Vs. DISTRICT COLLECTOR, VILLUPURAM AND ORS

JUDGEMENT

(1.) The Petitioner has filed the instant Writ of Mandamus praying for issuance of an order by this Court in forbearing the respondents from terminating the Petitioner from his service without following due process of law. Further, the Petitioner has sought for passing of an order by way of directing the respondents to permit him to discharge his duties as Panchayat Assistant at Pazavalam Panchayat.

(2.) It comes to be known from the affidavit filed by the Petitioner in W.P.No.20189 of 2012 that by means of Panchayat Resolution No.65, dated 16.12.2003 that he was appointed as 'Part Time Panchayat Writer' on a temporary basis for consolidated pay. Subsequently, through Government Order G.O.No.175, Rural Development, dated 05.12.2005, the said post of Part Time Panchayat Writer was converted into Full Time Panchayat Assistant Grade-2 and was paid the scale of pay. Also, the said Government Order speaks of the service conditions, Administrative control and duties of the Panchayat Assistant. Accordingly, Panchayat Assistants are appointed by the Panchayat Board and they should work under the disciplinary control of the Executive Officer of the Panchayat i.e.Panchayat President. Later in G.O.No.91, dated 12.08.2009, the post of Panchayat Assistant Grade-2 was upgraded as Panchayat Assistant. In the Panchayat Assistant seniority list was published on 01.01.2010 and the Petitioner was assigned seniority as 832.

(3.) While that being the fact situation, the First Respondent/the District Collector, on 01.06.2011, passed an order to re-instate the Third Respondent (Mrs.P.Mullai Roja), who worked as Panchayat Assistant. Pursuant to the order of the First Respondent/the District Collector, Villupuram, the third Respondent/Mullai Roja was appointed as Panchayat Assistant on 14.06.2011. As such, the Petitioner was simply discharged without even assigning any reason. He also preferred an 'Appeal' before the First Respondent and the Second Respondent/Panchayat President, Pazavalam Village, Villupuram District, in respect of the denial of employment. Subsequently, Panchayat Resolution No.3, dated 14.09.2011, he was re-instated as a Panchayat Assistant. In the mean while, the said third Respondent, was terminated by the Second Respondent for certain financial irregularity.