A.Usha, W/O.K.Agilan v. The District Of Social
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2024 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.26869 of 2012 A.Usha ... Petitioner Vs.
1.The Director of Social Welfare, Chennai.
2.The District Collector, Krishnagiri District, Krishnagiri.
3.The Commissioner, Kaveripattinam Panchayat Union, Krishnagiri District.
4.Arputham ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records of the second respondent relating to his order in Pro.Na.Ka.No.12366/2012/X.1, dated 25.08.2012 to quash the same and to issue consequential direction to Page No.1 of 7
the second respondent to appoint the petitioner as Nutritious Meals Organiser of V.Ramapuram Centre, Kaveripattinam Union, Krishnagiri District. For Petitioner :
Mr.R.Thamarai Selvan For Respondents 1 to 3 :
Mr.M.Rajendran, Additional Government Pleader For Respondent 4 :
Mr.P.Mani
O R D E R
The petitioner has filed this writ petition to call for the records of the second respondent relating to his order in Pro.Na.Ka.No.12366/2012/X.1, dated 25.08.2012 to quash the same and to issue consequential direction to the second respondent to appoint the petitioner as Nutritious Meals Organiser of V.Ramapuram Centre, Kaveripattinam Union, Krishnagiri District.
2. Learned counsel for the petitioner submitted that the petitioner is a physically handicapped person with 50% disability and belongs to Most Backward Class category. She has applied for appointment to the post of Nutritious Meal Organiser in V.Ramapuram Centre, Kaveripattinam Page No.2 of 7
Panchayat Union, which is about half a kilometre from her village and she has also attended an interview on 07.08.2012 at the Panchayat Union Office, Kaveripattinam vide Na.Ka.No.1570/2012/A5, dated 26.07.2012.
3. Learned counsel for the petitioner would further submit that at the time of interview, the petitioner has produced all the certificates in original viz., Educational Qualification, Transfer Certificate, Community Certificate, Age proof, Residence Certificate, Physically Handicapped Certificate. However, the fourth respondent has been appointed to the aforesaid post of Nutritious Meals Organiser for V.Ramapuram Centre by an order in Pro.Na.Ka.No.12366/2012/XI, dated 25.08.2012 passed by the second respondent. Challenging the said order dated 25.08.2012, the petitioner has come forward with the present writ petition.
4. Learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that this Court may direct the petitioner to give a representation to the second respondent/District Collector, Krishnagiri, who is the competent authority to decide the case of the petitioner, within a time Page No.3 of 7
frame to be fixed by this Court.
5. Heard the learned counsel on either side and perused the materials available on record.
6. In the case on hand, the only contention of the petitioner is that even though she has produced a disability certificate dated 11.08.2011 to substantiate that she is a physically challenged person, the second respondent has appointed the fourth respondent in the post of Noon Meal Organizer in V.Ramapuram Centre.
7. Taking into consideration the factual aspects of the case, this Court issues following directions:
(i) The petitioner is directed to give a representation to the second respondent/District Collector, Krishnagiri, within a period of two weeks from the date of receipt of a copy of this order.
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(ii) On receipt of the said representation, the second respondent/District Collector, Krishnagiri is directed to consider the same and pass appropriate orders on merits and in accordance with law, within a period of eight weeks thereof.
8. This writ petition is disposed of with the aforesaid observation and directions. No costs.
28.03.2024 vm Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1.The Director of Social Welfare, Chennai.
2.The District Collector, Krishnagiri District, Page No.5 of 7
Krishnagiri.
3.The Commissioner, Kaveripattinam Panchayat Union, Krishnagiri District.
J.SATHYA NARAYANA PRASAD,J.
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