W.A.No.217 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2023

CORAM :

THE HONOURABLE MR. JUSTICE R. MAHADEVAN

and

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ

Writ Appeal No.217 of 2023

and

C.M.P. No. 2220 of 2023

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1.The Secretary to Government

Municipal Administration and Water

Supply Department

Fort St.George, Chennai

2. The Director of Town Panchayats

Kuralagam, Chennai – 108

3. The Collector

Krishnagiri District, Krishnagiri

.. Appellants

Versus

S.Afsal Baig

S/o.Late Mohamed Syifullah Baig

No.25, Kareem Sahib Street

Bargur, Krishnagiri District

.. Respondent

Writ Appeal filed under Clause 15 of the Letters Patent against the

order dated 09.03.2021 passed in W.P. No. 31056 of 2012 on the file of this

Court.

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W.A.No.217 of 2023

For Appellants

:

Mr. Silambannan

Additional Advocate General

assisted by Mr. Babu Barveez

Government Advocate

For Respondent

:

Mr. V. Vijay Shankar

JUDGMENT

[Judgement of the Court was delivered by R.MAHADEVAN, J.]

Challenging the order dated 09.03.2021 passed by the learned Judge

in W.P. No. 31056 of 2012 filed by the respondent herein, the appellants

have preferred the present intra court appeal.

2.

The respondent has filed WP No. 31056 of 2012 praying to

issue a Writ of Certiorari calling for the records relating to the proceedings

dated 23.08.2012 of the third appellant, communicating the order dated

04.11.2011 of the first appellant and to quash both the orders.

3.

In the affidavit filed in support of the writ petition, it was stated

by the respondent that his father Mr. Mohammed Syifullah Baig was

employed as Head Clerk at Bargur Selection Grade Town Panchayat,

Krishnagiri District, but during the course of his employment, he died in

harness on 04.06.1996 leaving behind his legal heirs, including the

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W.A.No.217 of 2023

respondent herein. On the death of his father, the respondent submitted an

application dated 14.12.1998 seeking appointment on compassionate

grounds. In consideration of the application submitted by the respondent,

an order dated 27.08.2009 was passed appointing him as Junior Assistant in

the same Town Panchayat where his father was employed. The respondent

also joined the post of Junior Assistant and after two years of his continuous

employment, the first appellant passed an order dated 04.11.2011 stating

that the appointment of the respondent in the post of Junior Assistant was

irregular because, he was not having the qualification prescribed for holding

such post. The proceedings dated 04.11.2011 was communicated to the

respondent by the third appellant on 23.08.2012, thereby cancelling the

appointment of the respondent to the post of Junior Assistant and re-

appointing him to the post of Office Assistant in the same Town Panchayat.

Aggrieved by the same, the respondent has filed the writ petition before the

learned Judge.

4.

The learned Judge, on consideration of the rival submissions,

concluded that the respondent was appointed to the post of Junior Assistant

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W.A.No.217 of 2023

in the year 2009 and for nearly two years or more he was working in the

said post. It was further held that at the time of submission of the

application on 14.12.1998 seeking appointment on compassionate grounds,

the respondent did not possess the requisite qualification. However, when

he was appointed on 27.08.2009 he was in possession of the prescribed

qualification for appointment to the post of Junior Assistant. Therefore, the

learned Judge quashed the orders, impugned in the writ petition and allowed

the writ petition filed by the respondent on 09.03.2021. Aggrieved by the

said order, the appellants have filed the present writ appeal.

5.

The learned Additional Advocate General appearing for the

appellant submitted that pursuant to the