Mrs.S.Deepa v. Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 20.12.2018

CORAM

THE HONOURABLE DR. JUSTICE S.VIMALA W.P. NO. 22237 OF 2018 S.Deepa ... Petitioner - Vs -

1. Government of Tamil Nadu rep. by its Secretary Social Welfare & Nutritious Meal Department Secretariat, Chennai.

2. The District Collector Krishnagiri District Krishnagiri.

3. Chief Educational Officer Krishnagiri.

4. Block Development Officer Burgur, Krishnagiri District.

.. Respondents Writ Petition filed under Article 226 of the constitution of India praying this Court to issue a writ of mandamus directing the respondents to consider the petitioner's representation dated 21.5.18 for appointment of the petitioner as Noon Meal Organizer in the available vacancies within Burgur Block in Krishnagiri District.

For Petitioner : Mr.C.Mahendran For Respondent : Mr. R.S.Selvam, GA

ORDER

The present petition has been filed by the petitioner for a direction to the respondents to consider the petitioner's representation for appointment as Noon Meal Organizer in Burgur Block of Krishnagiri District.

2. It is the case of the petitioner that her father-in-law owned property of an extent of 1.30 acres comprised in Survey

No.33 and 34/B at Veppalampatty Village. Towards construction of building for Government High School at Veppalampatty, the said lands were donated. The lands were having a market value of around Rs.60 Lakhs and for the abovesaid purpose the said lands were given by way of execution of a Gift Deed dated 21.7.06 in favour of the Chief Educational Officer, Krishnagiri.

3. It is the further stand of the petitioner that similarly placed persons like the petitioner, who also donated lands for the school, the 1st respondent, relaxing the age limit, had issued appointment orders for the post of Noon Meal Organiser in Krishnagiri District to the family member of those persons. The petitioner is the only person, who has completed Higher Secondary Course in the family and, therefore, she made a representation to the respondents on 21.5.18 enclosing a copy of the Gift Deed, executed by her father-in-law along with the educational certificates requesting the respondents to consider her case and appoint her as Noon Meal Organiser. Since no order has been passed on the said representation till date, the petitioner has filed the present petition.

4. Mr. R.S.Selvam, learned Government Advocate takes notice for the respondents and submits that the representation submitted by the petitioner would be considered within the time frame as fixed by this Court.

5. This Court would specifically wish to point out that the value of the lands, gifted in the year 2006, is stated to be around Rs.60 Lakhs. Even interest from an investment of the said Rs.60 Lakhs, in the present scenario, would have been sufficient for the petitioner to fill up her empty stomach. As of today, the value of the lands would be in Crores. Further, the lands have been gifted for a social purpose with the noble objective of imparting education to the future generations. The said laudable act of the petitioner's father-in-law definitely deserve a better treatment at the hands of the respondents.

6. In the backdrop of the above facts, this Court is of the considered view that it would suffice to direct the respondents to consider the petitioner's representation for appointment as Noon Meal Organiser, by relaxing the age limit, if need be, or by creating supernumerary post, if no post is available, and to pass orders thereon within a specified time frame.

7. Accordingly, this writ petition stands disposed of with a direction to the respondents to consider the petitioner's representation for appointment as Noon Meal Organiser, by relaxing the age limit, if need be, or by creating supernumerary post, if no post is available, for accommodating the petitioner

and pass orders thereon within a period of eight weeks from the date of receipt of a copy of this order. However, there shall be no order as to costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar To

1. The Secretary to Government Social Welfare & Nutritious Meal Department Government of Tamil Nadu Secretariat, Chennai.

2. The District Collector Krishnagiri District Krishnagiri.

3. Chief Educational Officer Krishnagiri.

4. Block Development Officer Burgur, Krishnagiri District.

+1cc to Mr.C.Mahendran, Advocate Sr.89177 +1cc to the Government Pleader Sr.89448 W.P. NO. 22237 OF 2018 srg 09/01/2019