M.Meenatchi, v. The Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Monday, the Third day of December Two Thousand Eighteen PRESENT THE HON`BLE MR.JUSTICE D.KRISHNAKUMAR WP No.25934 of 2011 M.MEENATCHI, [ PETITIONER ] NALLURPET MULTIPURPOSE WOMEN DEVELOPMENT HELPER, 2-A, POST OFFICE STREET, NALLURPET, PALLI NELIYANUR POST, PUDUCHERRY 605 107.
Vs 1 THE DIRECTOR, [ RESPONDENTS] DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT 50, SITHANKUDI SARAM, PUDUCHERRY 605 013.
2 THE MANAGING DIRECTOR, PONDICHERRY CORPORATION FOR DEVELOPMENT OF WOMEN AND HANDICAPPED PERSONS LTD, (A GOVT OF PONDICHERRY UNDERTAKING), 30, SECOND CROSS STREET, PON NAGAR, REDDIYARPALAYAM,PUDUCHERRY 605 010.
3 THE COMMITTEE ON DETERMINATION OF AGE OF ANGANWADI STAFF, REPRESENTED BY THE DIRECTOR DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT, NO.15, SITHANGUDI SARAM, PUDUCHERRY 605 013.
4 THE ASSISTANT DIRECTOR, (WD) CUM APIO, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, NO,50,SITHANGUDI MAIN ROAD, SARAM, PUDUCHERRY 605 013.
Writ Petitions under article 226 of the Constitutions of India praying that in these circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to issue a Writ of Certiorarified Mandamus calling for the records relating to the Minutes of the first and fifth meeting of the Committee on the Determination of age of Anganwadi Staff, Pondicherry communicated by the Assistant Director (WD) cum APIO
Department of Women and Child Development, Puducherry, the fourth respondent made in 2181/DWCD/RTI/PA/2011 dated 15.4.2011 and in No.1308/DWCD/RTI/PA/2011 dated 9.3.2011, quash the same in so far as the petitioner is concerned and allow the petitioner to retire from service on 28.2.2019 reckoning the age from the date of birth recorded in the service record of seniority as 4.2.1959 with all consequential service and monetary benefits(in WP.25934/2011) Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.RAJKUMAR, Advocate for the petitioner and of MR.J.KUMARAN GOVT.
ADVOCATE (P) on behalf of the Respondents the court made the following order:- The learned counsel for the petitioner has submitted that the similar orders filed by the other employees has been dismissed on the ground that the Date of Birth has not been entered in the service register. But, in the present case, the petitioner is concerned, her Date of Birth has been entered in the service Register. Therefore, without giving any opportunity to the petitioner, the Date of Birth cannot be altered or modified. The learned counsel for the petitioner further submitted that without giving any opportunity to the writ petitioner, the retirement cannot be made.
For the aforesaid submissions, the learned counsel for the respondent is directed to file an additional affidavit before this Court within a period of two weeks from the date of receipt of a copy of this order.
Post after two weeks.
-sd/- 03/12/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE DIRECTOR, DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT 50, SITHANKUDI SARAM, PUDUCHERRY 605 013.
2 THE MANAGING DIRECTOR, PONDICHERRY CORPORATION FOR DEVELOPMENT OF WOMEN AND HANDICAPPED PERSONS LTD, (A GOVT OF PONDICHERRY UNDERTAKING), 30, SECOND CROSS STREET, PON NAGAR, REDDIYARPALAYAM,PUDUCHERRY 605 010.
3 THE DIRECTOR THE COMMITTEE ON DETERMINATION OF AGE OF ANGANWADI STAFF,DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT, NO.15, SITHANGUDI SARAM, PONDY 605 013.
4 THE ASSISTANT DIRECTOR, (WD) CUM APIO, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, NO,50, SITHANGUDI MAIN ROAD, SARAM, PUDUCHERRY 605 013.
C.C. to M/S.K.RAJKUMAR Advocate on payment of necessary charges Order in WP.25934/2011 Date :03/12/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VS 05.12.2018