WA/222/2024 of The District Collector Vs J. Parameswari on 8 September 2026

Judgment

(Judgment of the Court was delivered by S.M.Subramaniam J.) District Collector, Villupuram filed the present writ appeal under Clause XV of the Letters Patent challenging the writ order dated 02.09.2022 made in W.P.No.11645 of 2011.

2. The first respondent Smt.J.Parameswari filed a writ petition challenging the appointment order issued to the third respondent vide proceedings dated 08.12.2006 to the post of Assistant Cook at Omanthur Panchayat. The Writ Court considered the submissions of the respective learned counsel and issued a direction to give appointment to the first respondent to the post of Assistant Cook. However, the order of appointment issued to the third respondent has not been set aside. At the outset, the writ Court directed that both the writ petitioner and the third respondent are to be appointed as Assistant Cook. Such a direction is incapable of being implemented by the competent authorities. If at all any order of appointment has been issued in violation of the Service Rules or the selection has not been conducted in accordance with the Rules, then such appointment order is liable to be set aside. Contrarily, the Court cannot issue a direction to appoint the writ petitioner, which would result in constituting another one post, which

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would result in administrative inconvenience. The courts are not expected to interfere with the routine administration of the Government. If at all any right is established by a party approaching court, then alone the relief is to be granted. Thus, the very direction issued by the Writ Court is not in consonance with the established principles.

3. Learned counsel appearing for the first respondent would submit that the third respondent was appointed without even participating in the process of interview. The said ground was not seriously disputed by the appellant and therefore, this Court is of the considered view that a fresh selection is to be conducted to fill up the post of Assistant Cook at Omanthur Panchayat.

4. In view of the above facts and circumstances, the writ order impugned dated 02.09.2022 passed in W.P.No.11645 of 2011 is set aside. Consequently, the appointment order issued in favour of the third respondent is also set aside. The appellant is directed to conduct fresh selection by strictly following the recruitment rules in force to fill up the post of Assistant Cook in Omanthur Panchayat as expeditiously as possible.

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5. With the above directions, the writ appeal stands allowed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (K.G.R.,J.) 08-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST To The Commissioner, Marakkanam Panchayat Union,

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S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. KST WA No. 222 of 2024 AND CMP NO. 1330 OF 2024 08-09-2026