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Madras High CourtWP/4747/2021disposed of

Vembu v. The District Collector

2021-03-01Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2021 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.4747 of 2021 Vembu ... Petitioner Vs.

1.

The District Collector, 2.

The Project Director, Block Development Department, The Block Development Office (BDO), Koliyanoor, BDO, ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the Respondents to give employment to the Petitioner as per the Application dated 22.10.2020 based on the Handicapped Certificate dated 16.08.2011 issued by the Government of Tamil Nadu.

For Petitioner :

Mr.K.Gajendiran For Respondents 1 & 2:

Mr.J.Pothiraj, Special Government Pleader For 3rd Respondent :

Mr.K.Ravikumar

O R D E R

Petitioner has come up with this Writ Petition seeking a direction to the Respondents to give her employment as per the Application dated 22.10.2020, based on the Handicapped Certificate dated 16.08.2011 issued by the Government of Tamil Nadu.

2.

According to the Petitioner, she is physically handicapped and she was issued a Disability Certificate (Handicapped) dated 16.08.2011 by the Government of Tamilnadu.

She has further stated that, she has passed plus Two Examination in the year 2000 and is fully qualified for the post of Panchayat Secretary. It is her case that, though she received an envelope on 21.10.2020 from the BDO office, she is not aware as to whether her case has been considered or not. Learned Special Government Pleader appearing for Respondents 1 and 2 submitted that, as per the Notification, the Petitioner was over-aged and she was not at all eligible and hence, her candidature was not considered. However, he submitted that, the Respondents concerned will communicate the decision taken by them, if not already taken or otherwise take a decision and communicate the same to the Petitioner. 4.

In reply, learned counsel for the Petitioner submitted that, there is no restriction of age limit for physically handicapped persons.

5.

Taking note of the submissions of the learned counsel on either side and considering the fact that, the Petitioner has made an Application dated 22.10.2020 to the Respondents seeking employment, this Court directs the Respondents herein to consider the case of the Petitioner on merits and in accordance with law and pass appropriate orders within a period of thirty days from the date of receipt of a copy of this order, if a decision has not been taken already, and communicate the decision taken to the Petitioner, in writing, within a period of fifteen days from the date of the decision. If the Petitioner is aggrieved by any adverse order passed by the Respondents, it is open to her to challenge the same in accordance with law. With the above direction, this Writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar (aeb) To:

1.

The District Collector,

2.

The Project Director, Block Development Department, The Block Development Office (BDO), Koliyanoor, BDO, +1cc to Mr.K.Ravikumar, Advocate, S.R.No.12978 +1cc to Mr.K.Gajendiran, Advocate, S.R.No.12468 W.P.No.4747 of 2021 PMK(CO) KM(20/04/2021)