Tmt.M.Kasthuri v. Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.15757 of 2015 Tmt.M.Kasthuri

...Petitioner

- Vs -

1. Government of Tamil Nadu, Rep. By its Secretary, Social Welfare and Nutritious Meal Programme Department, Fort St. George, Chennai 600 009.

2. The Commissioner for Social Welfare, Chindatripet, Chennai 600 002.

3. The Commissioner / Director of Integrated Child Development Services, Pammal Nallathambi Street, Tharamani, Chennai 600 113.

4. The District Project Officer-Child Development, Thiruvannamalai.

...Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to consider the petitioner's representation dated 29.05.2015 and increase and enhance the age of the petitioner's retirement from 60 years to 65 years as per the directions issued by the Government of India and allow the petitioner to continue the petitioner's service till she attain the age of 65 years with all consequential benefits. For Petitioner :

Mr.Ajoy Khose For Respondents :

Mrs.P.Rajalakshmi, GA

ORDER

By consent, the writ petition itself is taken up for final disposal.

2. The petitioner is working as Main Anganwadi Worker at Chinnathamal Street Main Anganwadi Center. Her next avenue of promotion avenue is to the post of Supervisor Grade-II. According to the petitioner, the Central Government by their proceeds dated 01.03.2003 in O.M.No.1-1/2007-CD-1 (Vol.II) directed all the respective State Government to uniformly fix the age of retirement for Anganwadi Workers as 65 years. Now, the grievance of the petitioner is that despite several representations made to the 1st respondent, no response is forthcoming and hence, she has come forward with this writ petition.

3. Mr.V.Ajoy Khose, the learned counsel appearing for the petitioner would draw the attention of this court to the order dated 30.04.2015 made in W.P.No.13484 to 13489 of 20015 wherein this court has, in similar facts and circumstances, directed the 1st respondent consider the petitioners' individual representation on merits and in accordance with law and placing reliance on the said order, the learned counsel for the petitioner prays that similar order may be passed in this writ petition also.

4. Heard Mrs.P.Rajalakshmi, the learned Government Advocate who accepts notice for the respondents 1 to 4 as well.

5. This, court taking into consideration of the facts and circumstances and without going into the merits of the representation made by the petitioner, directs the 1st respondent to consider the petitioner's representation dated 29.05.2015 in accordance with law and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

6. This writ petition is, accordingly, disposed of. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar

kmk To 1.The Secretary, Social Welfare and Nutritious Meal Programme Department, Fort St. George, Chennai 600 009.

2.The Commissioner for Social Welfare, Chindatripet, Chennai 600 002.

3.The Commissioner / Director of Integrated Child Development Services, Pammal Nallathambi Street, Tharamani, Chennai 600 113.

4.The District Project Officer-Child Development, Thiruvannamalai.

1 CC to Mr.Ajoy Khose, Advocate SR.No. 26700 1 CC to the Government Pleader, SR.No. 26727 W.P.No.15757 of 2015 RSI (CO) PSI (23.06.2015)