(Judgment of the court was made by RMT.TEEKAA RAMAN, J.) Challenging the correctness of the order passed by the learned Single Judge wherein the claim of the writ petitioner for reinstatement as Village Panchayat Assistant was rejected, the present writ appeal has been filed.
2. It is represented by the learned Special Government Pleader that the fourth respondent President of the Panchayat has appointed the fifth respondent in the place of the petitioner and hence, nothing survives for adjudication in the writ appeal.
3. On going through the materials placed before us, we find that only after due enquiry, the petitioner/appellant appears to have been removed from service on 18.7.2006 and as against the same, he made a representation to the District Collector and the District Collector, by his proceedings dated 4.5.2007, issued the order stating that the case of the appellant can be considered for appointment, however, in the meanwhile, the fifth respondent was appointed in his place and hence, as of now, there is no vacancy for the post of Panchayat Assistant.
4. The above aspects have been properly appreciated by the learned Single Judge while rejecting the claim of the appellant. After hearing both the parties and perusing the order passed by the learned Single and also taking note the subsequent development that the fifth respondent has already been appointed in the vacancy that has arisen due to the removal of the appellant, we are of the view that the claim of the appellant/writ petitioner cannot be entertained and accordingly, the writ appeal is disposed of. No costs.
(H.G.R.,J.)(T.K.R.,J.) 15.11.2017.
Index:Yes/No Internet:Yes/No ssk.
To:
1. Inspector of Panchayats and District Collector, Salem District, Salem.
2. Additional Director of Panchayats, Salem.
3. Block Development Officer, Thalaivasal Panchayat Union, Thalaivasal, Attur Taluk, Salem District.
4. President, Deviakurichi Village Panchayat, Deviakurichi, Attur Taluk, Salem District.
HULUVADI G. RAMESH, J.
AND RMT.TEEKAA RAMAN, J ssk.
W.A.No.2777 of 2012 15.11.2017.