THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.16329 of 2019 and W.M.P.No.16004 of 2019 S.Sattanathan …Petitioner vs. State of Tamil Nadu, Additional Chief Secretary to Government, Rural Development & Panchayat Raj Department, Fort St. George, Chennai – 600 009. The Director of Rural Development & Panchayat Raj, Wp allowed
and W.M.P.No.16004 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Orders Reserved on : 04.02.2020
Pronouncing orders on : 13.02.2020
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.16329 of 2019
and W.M.P.No.16004 of 2019
S.Sattanathan …Petitioner
vs.
State of Tamil Nadu,
Additional Chief Secretary to Government,
Rural Development & Panchayat Raj Department,
Fort St. George, Chennai – 600 009.
The Director of Rural Development & Panchayat Raj,
Saidapet, Chennai – 600 015.
Union of India,
Represented by its Secretary,
Ministry of Rural Development,
Department of Rural Development,
Krishi Bhavan, Dr.Rajendra Prasad Road,
New Delhi – 100 001.
Social Audit Society of Tamil Nadu,
Represented by its Director,
Panagal Maaligai,
West Saidapet,
Chennai – 600 015.
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The Comptroller and Auditor General of India,
O.o The Comptroller and Auditor General of India,
Pocket-9, Deen Dayal Upadhayaya Marg,
New Delhi – 110 124. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Certiorarified Mandamus, calling for the
records relating to G.O.(Ms)No.60 Rural Development and Panchayat
Raj (CGS.1) Department passed by the 1
st
respondent, and Notification
bearing No.Se.Ma.Tho.E./537/valaikalai/2019 dated NIL passed by the
2
nd respondent and quash the same and direct the 4
th
respondent to
frame Rules/norms for the selection and appointment to the post of
Director of SASTA in compliance with the provisions of NREG Act, 2005
and MGNREG Audit of Scheme Rules, 2011 particularly Rule 4 and 5
thereof, and the norms prescribed by the 3
rd
respondent in Letter
No.M-13015/2012-MGNEREGA-VII (Pt) dated 11.08.2014, by inter alia
providing due weightage for experience in ‘social audit’ within a
stipulated time limit and permit the petitioner to apply for and
participate in the selection for the said post, with all consequential
benefits.
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For Petitioner : Ms.R.Vaigai
Senior Counsel for
M/s.Giridhar and Sai
For Respondents : Mr.S.R.Rajagopal
Additional Advocate General
Assist by
Mr.J.Pothiraja
Special Government Pleader
for R1 & R2
: Mr.M.Sundar
Additional Central Government
Standing Counsel for R3
J U D G M E N T
The present writ petition has been filed challenging the
notification issued by the 1
st
respondent in G.O.Ms.No.60, dated
21.05.2019 and the consequent notification of the 2
nd respondent
calling for applications to fill up the post of Director, Social Audit
Society of Tamil Nadu (“SASTA”) and for consequential direction to the
respondents to frame Rules/norms for the selection and appointment
to the said post in compliance with the provisions of Mahatma Gandhi
National Rural Employment Guarantee Act, 2005 (“MGNREG Act,
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qualification prescribed under G.O.Ms.No.60, dated 21.05.2019 and
the notification issued by the 2
nd respondent calling for applications to
fill up the post of Director of SASTA, pursuant to the Government
order requires interference.
53.In the result this writ petition is allowed and the
G.O.Ms.No.60, dated 21.05.2019 and the Notification bearing
No.Se.Ma.Tho.E./537/valaikalai/2019 dated NIL, issued by the 2
nd
respondent pursuant to the Government order, are hereby quashed.
The 1
st
respondent is directed to issue a fresh Government order
prescribing the qualifications for the appointment of independent
Director of Social Audit to SASTA, strictly in accordance with the
MGNREG Act, 2005 and MGNREGA Audit of Scheme Rules, 2011, norms
fixed by the Government of India in its letter dated 11.08.2014 and
also the Official Memorandum of the Government of India, dated
19.12.2016. The 1
st
respondent shall also take into consideration the
qualification prescribed in the other States for filling up the above
said post. This process shall be completed by the 1
st
respondent within
a period of four weeks from the date of receipt of copy of this order.
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