A SANKAR Vs. DISTRICT COLLECTOR THIRUVANNAMALAI

JUDGEMENT

(1.) THE petitioner had studied upto 10th standard. He belonged to Schedule Caste community. He had registered his name in the Employment Exchange. The petitioner's name was sponsored for the post of Village Assistant. The Tahsildar, after verifying his records stated that appointment order will be issued very shortly. But he was not given any appointment order. Hence, the petitioner moved this Court by filing a writ petition being W. P. No. 30014 of 2008 seeking for a direction that his temporary employment should be considered while filling up the permanent post and preference should be given to such candidates. This Court without expressing any opinion directed the respondents to consider the case of the petitioner. It is pursuant to that direction, the impugned order dated 21. 02. 2009 came to be passed by the first respondent District Collector.

(2.) IN the impugned order, it was stated that though the petitioner would have worked as a part time Village Assistant, no preference has been provided under the Rules. With effect from 01. 06. 1995, part time Village Assistant post has been made as a permanent post and appropriate Service Rules have also been framed. Under the relevant Rules, there is no stipulation that the erstwhile part time Village Assistants should be considered on preferential basis. It was also stated that only when the orders of the Government are issued in that regard, preference may be given. It is this order, which is under challenge in this writ petition.

(3.) PENDING the writ petition, this Court directed one post of Village Assistant to be kept vacant, provided if there is any vacancy.