The Tahsildar is the competent authority for appointment of Village Assistants and has the power to cancel appointments in case of violations. The District Collector's action was found to be in violation of the principles of natural justice.

ORDER :

(Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records in Na.Ka.No.482/2021/A5 dated 29.03.2022 on the file of the 2nd respondent and quash the same insofar as the petitioners are concerned in Sirkazhi Taluk and direct the respondents to continue the petitioners in the posts of Village Servants subject to the provisions of Tamil Nadu Village Servants Service Rules, 1980, Tamil Nadu Village Servants (Classification Control and Appeal ) Rules 1983 and Tamil Nadu Village Servant Conduct Rules, 1983.)

1. The issue involved in these writ petitions are one and the same and as such, they are taken up together and disposed of by this common order.

2. The petitioners, challenging the impugned order of the District Collector Mayiladuthurai District in Na.Ka.No.482/2021/A5 dated 29.03.2022, whereby he has cancelled all the appointments made by the Tahsildars of respective jurisdictional Taluks appointing the petitioners as Village Assistants, have filed the present writ petitions.

3. The second respondent/District Collector, Mayiladuthurai has issued a Notification dated 08.01.2022 for filling up the posts of Village Assistants. The petitioners applied for the aforesaid post of Village Assistant, since they possess the required eligibility and educational qualifications. The Tahsildars of the respective Taluks conducted the interview in the month of February, 2022 and the petitioners appeared for the interview as per the call letters issued and they were successful in the interview as per the eligibility criteria prescribed in the notification and posting orders were issued to the petitioners by the respective Tahsildars of the Taluks and they joined in the respective Taluks as Village Assistants. While that being so, all of a sudden, the District Collector, Mayiladuthurai District/second respondent herein has passed the impugned order dated 29.03.2022, cancelling the order of appointments issued by the Tahsildars. The petitioners, aggrieved by the said illegal action of the second respondent/District Collector, Mayiladuthurai District has filed the present writ petitions.

4. The contention of the petitioners is that the impugned order of the second respondent/District Collector cancelling the appointment made by the Tahsildars is arbitrary, illegal, without jurisdiction, contrary to the rules, namely Village Servants Service Rules, 1980 and also in violation of the principles of natural justice and therefore, the same is liable to be set aside.

5. A common counter affidavit has been filed on behalf of the second respondent/District Collector, Mayiladuthurai, wherein it has been stated that all these appointments were made without getting proper approval from the second respondent and therefore, it violates G.O.(Ms.)No.574, Revenue & Disaster Management Department dated 17.10.2020 which prescribes how the interview to be conducted stage by stage and as to how marks to be awarded to each of the candidates stage by stage and each stage of selection process and selection of successful candidates shall be proceeded only after obtaining prior approval from the District Collector concerned and finally the orders of appointment shall be published in the website of the District Collectorate concerned. It has been further stated in the counter affidavit that in pursuant to the order passed by this Court in W.P.(MD)No.19924 of 2013 dated 14.06.2019, the Government has passed G.O.(Ms.)No.574, Revenue & Disaster Management Department dated 17.10.2020, framing guidelines for selection and appointment to the post of Village Assistants and the District Collector/second respondent having noted that these appointments are made by the respective Tahsildars without getting approval from the District Collector and also in violation of the conditions