M SWAMINATHAN Vs. DISTRICT REVENUE OFFICER THANJAVUR

JUDGEMENT

(1.) THE petitioner challenged the order of the District revenue Officer, Thanjavur, dated 23. 9. 1993 confirming the order of the Revenue divisional Officer, Kumbakonam, dated 10. 6. 1993.

(2.) THE facts relating to this petition are as follows: It is the case of the petitioner that he is a permanent resident of Umayalpuram Village , within the jurisdiction of the Papanasam Taluk. THE Tahsildar, Papanasam Taluk, by his proceedings dated 30. 6. 1991, called for applications for the post of Village menial to be filled on account of the retirement of one Thangayyan. Twenty three Applications were received to the said post and the petitioner came out successful and the Tahsildar, Papanasam Taluk third respondent herein, in his order under ref. Rc. No. 8333/91/a9 dated 23. 7. 1991 appointed the petitioner as village Menial. Aggrieved by the said order, the 4th respondent filed an appeal before the Revenue Divisional Officer, Kumbakonam, who set aside the order of appointment of the petitioner as Village Menial, passed by the Tahsildar, on 10. 6. 1993. Against which, the petitioner filed a Revision before the District revenue Officer, Thanjavur District, third respondent herein which was dismissed on 23. 9. 1993, confirming the order of the 2nd respondent, dated 10. 6. 1993. Challenging the orders of the first and second respondent, the petitioner filed an Original Application before the Tamil Nadu State administrative Tribunal, which was subsequently transferred to this court and re-numbered as W. P. No. 17826 of 2006.

(3.) BEFORE adverting to the facts of the case, the relevant qualifications as prescribed for the post of Village Assistant under rule 5 of the Tamil Nadu Village Servant Act 1985 are extracted as below: "5 Qualification:- (1) No person shall be eligible for appointment to the post of a Village Servant unless he possesses the qualification, specified below, namely:- (i) knowledge to read and write Tamil; and (ii) knows cycling and is physically fit. (2) The appointing authority shall also take into consideration the following factors, namely:- (i) whether the applicant is resident of the charge village; (ii) whether he applicant is a person belonging to one of the communities included in the list of Backward Classes recognized by the government of Tamil Nadu; (iii) whether the applicant is a person belonging to schedule Castes/schedule Tribes; and (iv) whether the applicant is an ex-serviceman. (3) In making appointments under these rules, the appointing authority shall take into consideration the character and antecedents of the applicants. "