R.Muniammal v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 05.01.2023 Coram:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P. No.25487 of 2012 and M.P.No.1 of 2012 R.Muniammal ... Petitioner Vs.
1.The District Collector Dharmapuri District.
2.The Commissioner Dharmapuri Panchayath Union Dharmapuri District.
3.The Block Development Officer Dharmapuri Panchayath Union Dharmapuri District.
4.Sumathy ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, call for the entire records of the 1st respondent relating to the impugned order made in Na.Ka.No.11393/2012/Ex-1 dated Nil and quash the same as illegal and consequently direct the 1st respondent herein to consider the representation Page No.1/6
of the petitioner dated 28.08.2012 for the post of Centre Organiser, Puratchi Thalaivar Dr.MGR Nutrition Food Plan.
For Petitioner :
Mr.R.Venkatesan For Respondents :
Mr.Arun, AAG assisted by Mr.S.Ravichandran, AGP for RR1 to 3 Mr.R.Sankarasubbu for R4
ORDER
The petitioner has filed the present writ petition seeking to quash the impugned order dated 20.08.2012, whereby, one R.Sumathi, resident of 1/148, Tamil Nadu Housing Board, Vennampatti Road, Dharmapuri, was appointed as Noon Meal Centre Organiser. The petitioner further seeks for a direction to the first respondent to consider her representation dated 28.08.2012 for the post of Centre Organiser, Puratchi Thalaivar Dr.MGR Nutrition Food Plan.
2. In response to the advertisement calling for application to the post of Noon Meal Centre Organiser in the Puratchi Thalaivar MGR Nutrition Food Scheme, the petitioner filed an application to the first respondent on Page No.2/6
04.06.2012 along with proof of documents and requested to consider her case for appointment as her husband is an ex-army personnel and coming under Disability category.
3. The grievance of the petitioner is that the respondents 1 to 3 did not follow reservation and when the petitioner is fully eligible to the post of Noon Meal Centre Organiser, the first respondent, without considering her candidature, appointed 4th respondent vide impugned order, which is not in accordance with reservation principles. Therefore, the petitioner made a representation 28.08.2012 to consider her case for appointment to the post of Noon Meal Organiser.
4. The learned counsel for the petitioner relied on G.O.Ms.No.1218 Public (Ex-servicemen) Department dated 03.09.1999 whereby it is stated that the State Government has been directed to conduct a "Special Drive" to clear all the pending applications from dependants of defence personnel killed/disabled who have applied for compassionate appointment within three months.
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5. Taking note of the averments made in the writ petition and the submissions made before this court and that the petitioner's last representation is dated 28.08.2012, it is appropriate to direct the petitioner to prefer a fresh representation to the first respondent seeking employment by providing necessary particulars. On receipt of such representation, the first respondent is directed to consider the same and appoint her in the noon meal centres, where vacancy arise, if she is otherwise eligible to the said post.
6. The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 05.01.2023 Index:Yes/No Internet:Yes/No Speaking Order: Yes/No Jer/nvsri Page No.4/6
To 1.The District Collector Dharmapuri District.
2.The Commissioner Dharmapuri Panchayath Union Dharmapuri District.
3.The Block Development Officer Dharmapuri Panchayath Union Dharmapuri District.
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J.NISHA BANU, J., Jer/nvsri Writ Petition No.25487 of 2012 05.01.2023 Page No.6/6