Tmt.G.Mallika v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08-07-2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION Nos.20294 to 20297 of 2015 G.Mallika .. Petitioner in WP 20294/2015 V.Ramabai .. Petitioner in WP 20295/2015 Neela .. Petitioner in WP 20296/2015 C.Lakshmi .. Petitioner in WP 20297/2015 vs 1 .Government of Tamilnadu Rep. By its Secretary Social Welfare and Nutritious Meal Programme Department Fort St. George, Chennai 9.
2. The Commissioner for Social Welfare Chindatripet, Chennai 2.
3. The Commissioner/Director of Integrated Child Development Services Pammal Nallathambi Street Tharamani, Chennai 113.
Respondent 1 to 3 all writ petition
4. The District Project Officer- Child Development Vellore 4th respondent in W.p.20294,20295/2015
5. The District Project Officer, Child Development , Dharumapuri. 4th respondent in W.P.20296,20297/2015 Writ petitions filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to consider the petitioners' individual
representation dated 6.6.2015, 6.6.2015, 12.6.2015 and 12.6.2015 respectively, and increase/enhance the retirement age of the petitioners from 60 years to 65 years as per the directions issued by the Government of India and allow the petitioners to continue their services till they attain the age of 65 years, with all consequential benefits.
For Petitioners : Mr.R.Krishnaswamy For Respondents : Mr.Rm.Muthukumar Government Advocate COMMON ORDER By consent, all these writ petitions are taken up for final disposal.
2.The petitioner in WP No.20294/2015, would state that she has passed S.S.L.C. and was appointed as a Child Nutrition Worker under ICDS Department on 16.10.1989, and later on, it was merged with Noon Meal Scheme and the Child Nutrition Workers were absorbed in the Anganwadi Centers and given posting as Main Anganwadi Workers and at present, the petitioner is working at Kandaneri Ariyagoundar Street Main Anganwadi Center. 3.The petitioner in WP No.20295/2015, would state that she has passed S.S.L.C. and was appointed as a Child Nutrition Worker under ICDS Department on 1.7.1982, and later on, it was merged with Noon Meal Scheme and the Child Nutrition Workers were absorbed in the Anganwadi Centers and given posting as Main Anganwadi Workers and at present, the petitioner is working at Indira Nagar Main Anganwadi Center.
4.The petitioner in WP No.20296/2015, would state that she has passed S.S.L.C. and was appointed as a Child Nutrition Worker under ICDS Department on 1.7.1982, and later on, it was merged with Noon Meal Scheme and the Child Nutrition Workers were absorbed in the Anganwadi Centers and given posting as Main Anganwadi Workers and at present, the petitioner is working at P.Chetty Colony-I Main Anganwadi Center.
5.The petitioner in WP No.20297/2015, would state that she has passed S.S.L.C. and was appointed as a Child Nutrition Worker under ICDS Department on 1.7.1982, and later on, it was merged with Noon Meal Scheme and the Child Nutrition Workers were absorbed in the Anganwadi Centers and given posting as Main Anganwadi Workers and at present, the petitioner is working at Chikkarthanaalli-45 Main Anganwadi Center.
6.All the petitioners would state that the next promotional post for the Main Anganwadi Worker is Supervisor Grade-II and the age of retirement for the said post is 58 years; but, the age of retirement for the post of Main Anganwadi Worker is 60 years. The petitioners would further state that though they were offered promotion to the next post, they did not accept
the same, but continue to remain in the post as Main Anganwadi Worker, as the age of retirement for the said post is 60 years. According to the petitioners, the Government of India raised the age of retirement of Main Anganwadi Workers from 60 to 65 years vide proceedings dated 1.3.2003, and advised the State Governments to increase the age and some of the State Governments have already enhanced the retirement age limit. 7.The petitioners would further state that in this regard, they have drawn the attention of the first respondent to the proceedings of the Government of India dated 1.3.2003, and prayed for increasing/enhancing their age of retirement from 60 to 65 years, in the form of individual representations dated 6.6.2015, 6.6.2015, 12.6.2015 and 12.6.2015, respectively, and since no response is forthcoming, came forward to file these writ petitions.
8.Heard the submissions of Mr.R.Krishnaswamy, the learned Counsel appearing for the petitioners, and Mr.Rm.Muthukumar, learned Government Advocate, who accepted notice on behalf of the respondents.
9.This Court, taking into consideration the limited scope of prayer sought for by the petitioner, and without going into the merits of the same, directs the first respondent to consider and dispose of the petitioners' individual representations dated 6.6.2015, 6.6.2015, 12.6.2015 and 12.6.2015 respectively, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the respective petitioners. The writ petitions are disposed of accordingly. No costs.
Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar nsv To:
1. The Secretary to Government Social Welfare and Nutritious Meal Programme Department Fort St. George, Chennai 9
2. The Commissioner for Social Welfare Chindatripet, Chennai 2.
3. The Commissioner/Director of Integrated Child Development Services Pammal Nallathambi Street Tharamani, Chennai 113.
4. The District Project OfficerChild Development Vellore
5. The District project officer-Child development, Dharumapuri.
+4cc to Mr.V.Ajay khose Advocate, sr.no.34285, 34297,34298,34299.
+1cc to Government pleader sr.no.34761 W.P.Nos.20294 to 20297 of 2015 sr[co] srg 27.07