Sat Appoint Selection Panchayat Favouritism in Marathi

Sat Appoint Selection Panchayat Favouritism 

BEFORE THE HON'BLE TN STATE ADMINISTRATIVE TRIBUNAL AT CHENNAI

O. A. No:______ of 2004

Applicant 

Versus

Respondents 

Application Under Section 19 of the T.N. 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. 4, (Annexure A __) whereby he has appointed the respondent No. 5 as Gram Panchayat Sahayak, being his relative in as much as the respondent No. 5 is ___________ of the respondent No. 4. 

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. _____ Panchayat, to be filled in by the concerned Gram Pradhan. (Annexure A-2) 

6.3 That the respondent No. _____ vide letter No. _____ dated _____ (A-1) has even specifically 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. The main reason behind the A-1 is to avoid nepotism and favouritism and ensure transparency and fair play in the matter of appointment as Gram Panchayat Sahayaks. The above instructions are therefore in keeping with the Articles 14 and 16 of the Constitution of India. 

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 action of the respondent No. 4 whereby he has selected and appointed the respondent No. 5 as Gram Panchayat Sahayak 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 not been selected and appointed in accordance with the provisions laid down in A-2 after following the due process. 

(c) That the action of the respondent No. 4 in selecting and appointing the respondent No. 5 as Gram Panchayat Sahayak is bereft of transparency and fair play and smacks of nepotism and favouritism. 

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

(e) 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 respondent No. 4 to select and appoint the applicant for the post of 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.;