Madras High CourtWP/26117/2017disposed of

B.Leemarose v. The District Collector

2017-10-09Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.26117 of 2017 B.Leemarose ..

Petitioner -vs1. The District Collector Office of the Collectorate office Villupuram, Villupuram District

2. The Officer rep.by the Integrated Child Development Scheme Department Marakkanam, Marakkanam Taluk Villupuram District .. Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to consider and dispose the petitioner's application dated 21.08.2017 so as to provide employment to the petitioner as Anganwadi Worker in the Integrated Child Development Service Department under the Rights of Persons with Disabilities Act 2016 within the time frame to be fixed by this Hon'ble Court.

For Petitioner::Mr.C.A.Diwakar for Mr.S.Seenuvasan For Respondents::Mr.V.Jayaprakash Narayanan Special Government Pleader

ORDER

This writ petition has been filed seeking a writ of mandamus, directing the respondents to consider the petitioner's application dated 21.08.2017 so as to provide employment to the petitioner as Anganwadi Worker in the Integrated Child Development Service Department under the Rights of Persons with Disabilities Act, 2016.

2. Learned counsel for the petitioner submitted that when applications for the post of Anganwadi Worker were called for by issuance of a notification, the petitioner, being a physically challenged person with 60% physical disability, applied for the said post. As per the provisions of the Rights of Persons with Disabilities Act, 2016, four percent out of the total vacancies is reserved for the persons with physical disabilities. In any event, since the https://hcservices.ecourts.gov.in/hcservices/

respondents have not issued any call letter informing the petitioner to appear for the said post, a direction may be issued, he pleaded.

3. It is at this stage, the learned Special Government Pleader for the respondents, after taking instructions from Mrs.M.Jayanthi, the Child Development Project Officer, Marakkanam, who is present in the Court, submitted that the respondents are duly following the rule of reservation, more particularly, four percent meant for physically challenged persons and the petitioner will be issued with the call letter and she will also be considered.

4. The submission made by the learned Special Government Pleader for the respondents is recorded. Needless to mention that the respondents shall issue the call letter to the petitioner and consider her case on merits for the post of Anganwadi Worker within the four percent of vacancies reserved for physically challenged persons. With this observation, the writ petition stands disposed of. Consequently, W.M.P.No.27740 of 2017 is closed. No costs.

Sd/- Assistant Registrar /true copy/ Sub Assistant Registrar ss To

1. The District Collector Office of the Collectorate office Villupuram, Villupuram District

2. The Project Development Officer Integrated Child Development Scheme Department Marakkanam, Marakkanam Taluk Villupuram District 1 cc to Government Pleaderm Sr. 72634 1 cc to Mr.S.Seenuvasan, Advocate Sr. 72747(15/12/2017) W.P.No.26117 of 2017 VGI (CO) kk 14/11 https://hcservices.ecourts.gov.in/hcservices/