sat appoint panchayat wrongful termination in Marathi

Sat appoint panchayat wrongful termination 

BEFORE THE HON'BLE TN STATE ADMINISTRATIVE TRIBUNAL AT CHENNAI

OA No.:_____ of 2004

Applicant 

Versus

Respondents 

Application Under Section 19 of the Administrative Tribunals Act, 1985

Chennai 

Applicant 

_____ 

Through, Advocate 

Respectfully Sheweth : 

1. Particulars of the Applicant 

As given in the Memo of Parties. 

2. Particulars of the Respondents 

As given in the Memo of Parties. 

3. Impugned Order: 

That the applicant is aggrieved by the impugned order issued by the respondent No. 3, (Annexure A-1) whereby he has directed the respondent No. 4 to sponsor the name of some other candidate for the post of Gram Panchayat Sahayak at Gram Panchayat Satog and terminate the services of the applicant arbitrarily and illegally. 

The said impugned order is arbitrary, illegal, malafide, violative of the Constitutional Rights and natural justice and issued in colourable exercise of power. 

4. Jurisdiction 

That the applicant declares that the subject matter is within the jurisdiction of this Hon'ble Tribunal. 

5. Limitation: 

That the applicant further declares that the application is within the limitation. 

6. Facts of the Case: 

6.1 That the applicant submits that _______ 

6.2 That the respondent state vide its notification No. _____________ dated _____________ has authorized Gram Panchayat Assistant's post to the respondent No. 4 Panchayat, to be filled in by the concerned Gram Pradhan. (Annexure A-2) 

6.3 That now the respondent No. 3 vide letter No. _________________ dated ______________ (A-1) has informed the respondent No. 4 that while appointing the Gram Panchayat Assistants the special care be taken that the candidate for the above post should not be a father, grand father, in-laws, uncle, son, daughter, grand-son, brother, nephew, brother-in-law or sister-in-law, wife, sister, son-in-law of any of the officials/members of the Panchayat. 

GROUNDS

6.4 That feeling aggrieved by such an arbitrary, malafide, discriminatory and illegal actions of the respondents, the applicant seeks the indulgence of this Hon'ble Tribunal on the following grounds amongst others, which may be taken at the time of arguments, each one of which is without prejudice to and independent of others :- 

(a) That the impugned order A-1 issued by the respondent is arbitrary, malafide, illegal, ultra vires, against the Articles 14 and 16 of the Constitution of India, dehors the rules and regulations and against the natural justice. 

(b) That the applicant has been selected and appointed in accordance with the provisions laid down in A-2 after following the due process. The provisions of A-2 cannot be over-ridden by an executive order A-1 and the A-1 is thus ultra vires. Moreover, no such embargo can be imposed by the respondent No. 2 or 3 on the appointment of the applicant as it clearly violates the provisions of Articles 14 and 16 of the Constitution of India. 

(c) That the respondents are estopped due to their own act, deed and conduct. The principle of the Promissory Estopple applies against the respondents. 

(d) That the impugned order is against the well settled principles of the law as laid down by the Hon'ble Supreme Court and this Hon'ble Tribunal in catena of cases. 

7. Reliefs Sought: 

THAT the applicant, therefore, prays that your Lordship be pleased to issue an appropriate writ, orders or directions to grant the following reliefs in favour of the applicant in the interest of justice:- 

(a) Quash the impugned order issued arbitrarily, malafidely and illegally by the respondents; 

(b) Direct the respondents to permit the applicant to continue in service as Gram Panchayat Sahayak and send the applicant for the training in accordance with the provisions of A-2; 
(c) Direct the respondents to produce all the relevant documents for perusal by this Hon'ble Tribunal; 

(d) Allow the cost of this O.A.; 

(e) Pass such other order or directions as deemed fit and proper in favour of the applicant. 

AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY. 

8. Interim Orders, If Prayed: 

It is, therefore, most respectfully prayed that during the pendency of the OA the operation of A _____ may kindly be stayed and the respondents be restrained from terminating the service of the applicant and the respondents be further restrained from selecting and appointing any other candidate in place of the applicant. 

9. Details of Remedies Exhausted: 

That the applicant submits that since the matter being of an urgent nature, there is no other alternative speedy and efficacious remedy available to him except to approach this Hon'ble Tribunal. 

10. Matter not Pending with any Other Courts Etc: 

That the applicant further declares that the matter regarding which this application has been made, is not pending before any court of law or any other Authority or any other bench of this Hon'ble tribunal. 

11. Particulars of Court Fees: 

Court fees worth Rs 50/- is attached herewith. 

12. Details of Index: 

An index containing the details of the documents to be relied upon is enclosed herewith. 

Chennai 

Applicant 

______