S. Muthukumari v. The Director Of Family Welfare

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No. 4541 of 2024 S.Muthukumari ....

Petitioner Vs

1. The Director of Family Welfare Department, 359, Anna Salai, Tenampet, Chennai - 600 006.

2. The Block Medical Officer, Govt. Primary Health Centre, Nerkuppai, Sivaganga District.

3. The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, Park Town, VOC Nagar, Chennai - 600 003.

....

Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to issue No Objection Certificate in the prescribed form to the petitioner immediately by considering her application dated 13.12.2023 made to the first respondent through proper channel in accordance with law. 1/4

For Petitioner : Mr.M.Radhakrishnan For R1 & R2 : Mr.G.Ameedius Government Advocate For R3 : Mrs.G.Hema Standing Counsel.

ORDER

This Writ Petition has been filed for direction directing the first respondent to issue No Objection Certificate in the prescribed form to the petitioner.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner has been working as Block Health Statistician from 19.07.2023. She was provisionally selected for appointment by direct recruitment to the post of Assistant Statistical Investigator in the Tamil Nadu General Subordinate Service. Therefore, the petitioner has to produce a No Objection Certificate from her Head of Department, viz., the first respondent herein, during the counselling held on 06.02.2024. In fact, the petitioner submitted a detailed representation even as early as on 13.12.2023 and it is 2/4

pending on the file of the first respondent without issuance of any No Objection Certificate. However, on 06.02.2024, there was no counselling and it was postponed. Hence, the petitioner was given time to produce the No Objection Certificate.

4. Considering the facts and circumstances of the case, the first respondent is directed to issue No Objection Certificate to the petitioner as per the request made by her on 13.12.2023, forthwith.

5. With the above direction, this Writ Petition stands disposed of. No costs.

26.02.2024 Index:Yes/No Speaking Order: Yes Lpp Note : Issue order copy today i.e., on 26.02.2024. 3/4

G.K.ILANTHIRAIYAN, J.

Lpp To

1. The Director of Family Welfare Department, 359, Anna Salai, Tenampet, Chennai - 600 006.

2. The Block Medical Officer, Govt. Primary Health Centre, Nerkuppai, Sivaganga District.

3. The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, Park Town, VOC Nagar, Chennai - 600 003.

W.P.No. 4541 of 2024 26.02.2024 4/4