Mrs.Chinnathayee v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. No.13471 of 2021 Mrs.Chinnathayee .. Petitioner

Versus

1.The District Collector, Dharmapuri District, Dharmapuri.

2.The Personal Assistant to the District Collector, Noon Meal Scheme, Dharmapuri District, Dharmapuri.

3.The Block Development Officer/Commissioner, Pennagaram Panchayat Union, Pennagaram - 636 810.

Dharmapuri District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to consider the representation of petitioner dated 16.06.2021 for extending the service of petitioner as Noon Meal Cook till 30.06.2026 instead of 30.06.2021 as per the age certificate of the petitioner, which was affixed in her service register by the 3rd respondent. For Petitioner : Mr.M.R.Jothimanian For Respondents : Mr.C.Kathiravan Government Advocate for R1 & R2 Mr.Venkateswaran for R3 O R D E R This Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondents to consider the representation of petitioner dated 16.06.2021 for extending the

service of the petitioner as Noon Meal Cook till 30.06.2026 instead of 30.06.2021 as per the age certificate of the petitioner, which was affixed in her service register by the 3rd respondent.

2.The learned counsel appearing on behalf of the petitioner however submitted that the respondents may be directed to dispose of the representation, within a few days as he is likely to be sent out on the basis of the entry in the Service Book regarding his date of birth. The petitioner has not filed any application for change of date of birth which is required to be filed within five years from the date of employment. In this circumstances, this Court is not inclined to consider the request of the petitioner to dispose of the representation within a short date.

3.Considering the limited scope of the prayer which is sought for in this Writ Petition, without expressing any opinion on the merits of the petitioner's representation or the case pleaded by the petitioner before this Court in the affidavit filed in the support of the petition, this Court is inclined to issue a direction to the second respondent to consider the petitioner's representation dated 16.06.2021. 4.Accordingly, the second respondent is directed to consider the petitioner's representation dated 16.06.2021 and dispose of the same on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order and serve the copy of the order to the petitioner. No Costs. s/d- Assistant Registrar True Copy Sub-Assistant Registrar ssr To 1.The District Collector, Dharmapuri District, Dharmapuri.

2.The Personal Assistant to the District Collector, Noon Meal Scheme, Dharmapuri District, Dharmapuri.

3. The Block Development Office/Commissioner, Pennagaram Panchayat Union, Pennagaram - 636 810.

Dharmapuri District.

+1 CC to Mr.M.R. Jothimanian, Advocate sr 29894. W.P. No.13471 of 2021 BS(CO) SP(29/06/2021)