S.Devi, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.7214 of 2013 S.Devi
...Petitioner
-Vs1.The State of Tamilnadu, Rep. by its Secretary, Nutritious Noon Meal Scheme, Fort St. George, Chennai - 9.
2.The District Collector, Cuddalore District.
3.The Commissioner, Nallur Panchayat Union, Nallur, Cuddalore District.
4.Vasanthi
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings in Na.Ka.Pd/1/3748/2012 dated 27.09.2012 on the file of 2nd respondent, in appointing the 4th respondent as Noon Meal Organiser for Panchayat Union Primary School at Poolampadi and quash the same as illegal, arbitrary, perverse, against the guidelines issued by the Government of Tamilnadu and violative of Article 14 and 16 of Constitution of India and consequently direct the 2nd respondent to appoint the petitioner to the said post.
For Petitioner : Mr.R.Veeramani For R1 & R2 : Mr.E.Veda Bagath Singh, Special Government Pleader For R3 : Mr.R.S.Selvam For R4 : Mr.K.Sanjay
ORDER
With the consent of both the parties, this writ petition is taken up for final disposal.
2. By placing reliance on a transfer certificate and nativity certificate issued on 27.05.2002 and 12.08.2003 in favour of the fourth respondent herein, the petitioner claims that the fourth respondent is not a resident of Poolampadi Village, Vriddhachalam Taluk, Cuddalore District and since the Government Order in G.O.Ms.No.163, Social Welfare and Nutritious Meal Programme Department, dated 18.08.2010, specifies that the applicant for the post of Noon Meal Organiser should reside within the radius of 3 kms, the fourth respondent is not entitled to be appointed.
3. The fourth respondent, on the other hand, claims that originally, she was residing with her husband from 1993 onwards at his place and in the year 2002, she got separated from her husband and is now residing with her father at Poolampadi Village, Veppur Taluk, Cuddalore District, which is within 3 kms from the notified area.
4. The learned counsel appearing for the third respondent produced the proceedings of the Revenue Tahsildar dated 03.02.2021, which evidences that an enquiry was conducted with regard to the fourth respondent's residence and as per the report of the Revenue Tahsildar, it is stated that though the fourth respondent was originally residing with her husband from 1993, she had separated from him in the year 2002 and thereafter, she had been residing in the father's house at Poolampadi Village, Veppur Taluk from the year 2010 onwards. The documents produced by the fourth respondent, which contains a certificate issued by the Special Tahsildar, Kallakurichi on 26.03.2010 and another certificate issued by the Tahsildar, Kallakurichi on 13.04.2010, evidences that the name of the petitioner from the ration card of her husband has been deleted and she has been certified as a destitute widow. All these documents clearly establishes that from 2010 onwards, the fourth respondent has been residing at Poolampadi Village, which is within 3 kms from the notified place.
5. Hence, the claim of the petitioner to cancel the fourth respondent's appointment as Noon Meal Organiser, based on certificates issued in the years 2002 and 2003, seems to be a factual error.
6. Accordingly, the Writ Petition stands dismissed. No costs.
Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar hvk To 1.The Secretary to Government, Nutritious Noon Meal Scheme, Fort St. George, Chennai - 9.
2.The District Collector, Cuddalore District.
3.The Commissioner, Nallur Panchayat Union, Nallur, Cuddalore District.
+1cc to Mr.K.Sanjay, Advocate, S.R.No.23180 +1cc to Mr.R.Veeramani, Advocate, S.R.No.22601 +1cc to Mr.R.S.Selvam, Advocate, S.R.No.22513 +1cc to the Special Government Pleader, S.R.No.23676 W.P.No.7214 of 2013 SKM(CO) SB(19/04/2022)