Tmt. Selvi, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.03.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.5993 of 2018 Tmt.Selvi .. Petitioner -vs1. The District Collector Thiruvannamalai
2. The Child Welfare Officer Child Welfare Department Collector Office Thiruvannamalai
3. The Child Development Planning Officer Social Welfare Department Javvadhumalai Taluk Jamunamarathur 635 703
4. G.Rekha .. Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 1 to 3 in particular the third respondent to reinstate the petitioner as Assistant at Anganwadi Centre, Pathiri Village, Nachamalai Post, Jamunamarathur, Javvadhumalai, Chengam Taluk, Thiruvannamalai District based on the petitioner's representation dated 20.02.2018. For Petitioner:: Mr.M.Saravana Kumar For Respondents:: Mr.V.Jayaprakash Narayanan Special Government Pleader for R1 to 3
ORDER
The petitioner has come to this Court seeking issuance of a writ of mandamus, directing the respondents 1 to 3, more particularly, the third respondent to reinstate the petitioner as Assistant at Anganwadi Centre, Pathiri Village, Nachamalai
Post, Jamunamarathur, Javvadhumalai, Chengam Taluk, Thiruvannamalai District by considering her representation dated 20.02.2018, wherein she has averred that she was appointed as Assistant in the Anganwadi centre in question on 1.8.2011 and was continuing till 31.1.2018 for about 6 1⁄2 years taking care of 15 to 20 children by preparing food to them. But all of a sudden, she was not permitted to continue in the said post from 1.2.2018. She was not even paid with the salary for the last 6 1⁄2 years, which, if rightly calculated, would come to Rs.5,51,300/-.
2. The learned Special Government Pleader for the respondents 1 to 3 submitted that the writ petition is bereft of any merit, hence, the same should be dismissed in limine. He has cited two reasons. When the petitioner has claimed that she was appointed as Assistant in the anganwadi centre in question and worked there from 1.8.2011 till 31.1.2018, no order of appointment issued by any competent authority has been produced to substantiate the said contention. Secondly, without showing any appointment order issued in her favour and also without assailing the order of appointment issued in favour of the fourth respondent, she cannot come to this Court.
3. I fully agree with the said submissions. The petitioner simply claims that she was appointed as Assistant in the anganwadi centre at Pathiri village, Nachamalai Post, Jamunamarathur, Javvadhumalai, Chengam Taluk, Thiruvannamalai District without producing any document whatsoever to substantiate the plea. No order appointing her was issued by anyone, therefore, this Court finds no merit whatsoever in this writ petition. Accordingly, the writ petition is dismissed. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ss To
1. The District Collector Thiruvannamalai
2. The Child Welfare Officer Child Welfare Department Collector Office Thiruvannamalai
3. The Child Development Planning Officer Social Welfare Department Javvadhumalai Taluk Jamunamarathur 635 703 +1cc to Mr.M.Saravana Kumar, Advocate, S.R.No.20042 W.P.No.5993 of 2018 nrjk(co) cs/03/04/18