V.Ramadevi, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.03.2024 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.25690 of 2012 and M.P.No.2 of 2012 V.Ramadevi ... Petitioner Vs.
1.The District Collector, Vellore District, Vellore.
2.Sasikala ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records made in Se.Mu.Na.Ka.No.1622/a1/2012 dated 02.09.2012 on the file of the first respondent herein and quash the same and further direct the first respondent herein as Anganvadi Worker for the Centre Thasimandhipatti (016), Pernamput, Vellore District.
For Petitioner :
Mr.T.Dhanyakumar For Respondent 1 :
Mr.M.Rajendiran, Additional Government Pleader For Respondent 2 :
Mr.D.A.Sugumar Page No.1 of 7
O R D E R
This writ petition has been filed by the petitioner to call for the records made in Se.Mu.Na.Ka.No.1622/a1/2012 dated 02.09.2012 on the file of the first respondent herein and quash the same and further direct the first respondent herein as Anganvadi Worker for the Centre Thasimandhipatti (016), Pernamput, Vellore District.
2. Learned counsel for the petitioner would submit that the petitioner has applied for the post of Anganvadi worker for the place of Thasimandhipatti, Pernampet and attended the interview on 14.08.2012. This being so, the first respondent has appointed the second respondent in the said post vide Se.Mu.Na.Ka.No.1622/a1/2012 dated 02.09.2012.
3. Learned counsel for the petitioner would further submit that as per G.O.Ms.No.110, Social Welfare and Meal Programme (SW7) Department, dated 14.05.2012, the candidate should reside within the same panchayat, Page No.2 of 7
where the post held vacant however, in the present case, the second respondent is a resident of different panchayat i.e., T.T.Motur, which is 11 Kms., away from the Noon Meal Centre. Hence, the first respondent has violated the conditions stipulated in G.O.Ms.No.110, Social Welfare and Meal Programme (SW7) Department, dated 14.05.2012 and appointed the second respondent to the post of Anganvadi worker. Challenging the said appointment, the petitioner has come forward with the present writ petition.
4. Learned Additional Government Pleader appearing for the first respondent submitted that this Court may direct the petitioner to give a representation to the first respondent/District Collector, Vellore, who is the competent authority to consider the case of the petitioner within a time frame to be fixed by this Court.
5. Heard the learned counsel on either side and perused the materials available on record.
6. The only contention of the learned counsel for the petitioner is that Page No.3 of 7
though the petitioner is fully eligible for the post of Anganvadi worker, the first respondent has appointed the second respondent, who is not a resident of the panchayat, where the post held vacant.
7. Taking into consideration the above factual matrix of the case, this Court issues the following directions:
(i) The petitioner is directed to give a representation to the first respondent/District Collector, Vellore, within a period of two weeks from the date of receipt of a copy of this order.
(ii) On receipt of the said representation, the first respondent/District Collector, Vellore is directed to consider the same and pass appropriate orders on merits and in accordance with law, within a period of six weeks thereof.
8. This writ petition is disposed of with the above said observation and directions. No costs. Consequently, connected miscellaneous petition is also closed.
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27.03.2024 vm Index :
Yes/No Speaking Order :
Yes/No Yes/No To:
The District Collector, Vellore District, Vellore.
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J.SATHYA NARAYANA PRASAD,J.
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