Mrs.Kalpana v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2024 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.27434 of 2012 Kalpana ... Petitioner Vs.
1.The District Collector, Vellore District, Vellore.
2.District Project Officer (ICDS), No.11, Ponniammankoil Street, Sainathapuram, Vellore - 632 001, Vellore District.
3.D.Thilakavathi ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records on the file of the first respondent in proceedings Sae.Mu.Na.Ka.No.1622/A1/2012 and dated 04.09.2012 and quash the same as illegal and incompetent and to further direct the first respondent to Page No.1 of 7
implement the appointment order dated 02.09.2012. For Petitioner :
Mr.D.J.Venkatesan For Respondents 1 & 2 :
Mr.M.Murali, Government Advocate For Respondent 3 :
No Appearance
O R D E R
The petitioner has filed this writ petition to call for the records on the file of the first respondent in proceedings Sae.Mu.Na.Ka.No.1622/A1/2012 and dated 04.09.2012 and quash the same as illegal and incompetent and to further direct the first respondent to implement the appointment order dated 02.09.2012.
2. The case of the petitioner is that the petitioner has applied for the post of Anganwadi worker in the office of the Child Development Project Office, Srinivasa Nagar-2, Gudiyatham, attended the interview and was also appointed as Anganwadi Worker vide proceedings in Sae.Mu.Na.Ka.No.1622/A1/2012, dated 02.09.2012. This being so, on 04.09.2012, the appointment of the petitioner was cancelled and one Page No.2 of 7
Mrs.Thilakavathi, who is the third respondent herein was appointed to the said post. Aggrieved over the same, the petitioner has come forward with the present writ petition.
3. This Court by its order dated 18.03.2024, directed the learned Government Advocate appearing for the respondents 1 & 2 to get written instruction in regard to the vacancy available for the post of Anganwadi Worker in Vellore so as to accommodate the petitioner. When the matter was taken up for hearing, learned Government Advocate appearing for the respondents 1 & 2 has submitted a details of available vacancy and on perusal of the same, the vacancies are available in the following sector viz., Agaram, Rajakuppam, S.Mottur, Semballi, Venkatore.
4. Heard the learned counsel on either side and perused the materials available on record.
5. In view of the above facts and circumstance of the case, it is clear and evident that the petitioner is fully eligible for appointment to the post of Page No.3 of 7
Anganwardi Worker since she has fulfilled all the conditions stipulated in G.O.Ms.No.110, Social Welfare and Nutritious Meal Programme (SW7) Department, dated 14.05.2012.
6. Considering the above factual aspect of the case, this Court directs the first respondent/District Collector, Vellore to appoint the petitioner to the post of Anganwadi Worker in any one of the Anganwadi Centre in Rajakuppam Sector by taking into consideration the vacancy available, within a period of six weeks from the date of receipt of a copy of this order.
7. This writ petition is disposed of with the above observation and directions. No costs.
28.03.2024 vm Index :
Yes/No Speaking Order :
Yes/No :
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To:
1.The District Collector, Vellore District, Vellore.
2.District Project Officer (ICDS), No.11, Ponniammankoil Street, Sainathapuram, Vellore - 632 001, Vellore District.
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J.SATHYA NARAYANA PRASAD,J.
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