D.C.Christinal Rajammal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN D.C.Christinal Rajammal .....Petitioner -VsThe District Collector, Nagapattinam.

...Respondent

Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondent herein to appoint the petitioner as Anganwadi Worker on compassionate ground in the light of various Government orders issued by the Department of Social Welfare and Noon Meal programme besides giving priority for appointment of the petitioner in terms of G.O.Ms.No.8, Personnel and Administrative Reforms Department, dated 10.01.2000 by disposing of the petitioner's representation dated 13.06.2012 within a stipulated period of time as prescribed by this Hon'ble Court.

For Petitioner : No appearance For Respondent : Mr.T.M.Rajangam Government Advocate

ORDER

This Writ Petition has been filed for direction directing the respondent to appoint the petitioner as Anganwadi Worker on compassionate ground.

2. There is no representation on behalf of the petitioner. Heard the learned Government Advocate appearing for the respondent and perused the materials available on record.

3. The petitioner's mother, while she was working as Anganwadi Worker in Maruthampallam Anganwadi Centre, Sembanarkoil Union, Nagapattinam District, died on 21.01.2006. The petitioner's father predeceased her mother. The petitioner's mother died leaving 5 persons as her legal heirs, viz., four daughters and one son. The petitioner, being the elder daughter, submitted an application for compassionate appointment as Anganwadi Worker. On receipt of the said application, the respondent called the petitioner to attend the interview. However, no appointment order was issued to her.

4. A perusal of the counter filed by the respondent revealed that

though the Government issued G.O.Ms.No.198, Social Welfare and Nutritious Meal Programme Department dated 25.10.2007, thereby delegated power to the respondent to make appointment on compassionate ground for the legal heirs of the deceased Anganwadi workers, subsequently the Government had also issued G.O.Ms.No.6 Social Welfare and Nutritious Meal Programme (NMP 2) Department, dated 22.01.2009 stating that the compassionate appointment can be given to the legal heirs of the deceased who died on or after 25.10.2007. Whereas, the mother of the petitioner died on 21.01.2006.

5. Therefore, the request made by the petitioner cannot be considered and this writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. No costs. 23.08.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn

G.K.ILANTHIRAIYAN, J.

mn To The District Collector, Nagapattinam.

23.08.2023