T.Suganthi, v. The Government Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.05.2018
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.12883 of 2018 T.Sunganthi ..Petitioner .. Vs ..
1. The Government of Tamil Nadu, rep. by its Secretary, Social Welfare Department, Fort St.George, Chennai-600 009
2. The District Collector, Villupuram District
3. The Child Development Project Officer, Olakkur Union, Villupuram District .. Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Child Development Project Officer, Olakkur Union, Villupuram District the third respondent herein to consider the representation of the petitioner dated 25.04.2018 the same relates to seeking an appointment of Anganwadi Assistant post in Kattupunja Village, Aganwadi Centre, Olakkur Union, Villupuram District to the petitioner.
For Petitioner : Mr.K.Balakrishnan For Respondents : Mr.V.Jayaprakash Narayanan, Special Government Pleader
O R D E R
The petitioner has filed this writ petition to direct the Child Development Project Officer, Olakkur Union, Villupuram District the third respondent herein to consider the representation of the petitioner dated 25.04.2018 the same relates to seeking an appointment of Anganwadi Assistant post in Kattupunja Village, Aganwadi Centre, Olakkur Union, Villupuram
District to the petitioner.
2.The petitioner had applied for the post of Anganvadi Assistant on 31.08.2017 for Kambur Anganwadi Centre under the control of the third respondent and attended interview on 08.09.2017 with all original certificates and she has fulfilled all the conditions stated in the notification, which is extracted below:
"a) The candidate must know reading and writing b) As on 01.07.2017, the age of the applicant must be between 20 to 40, 3 years of age relaxation for the widow and the destitute women, and the partially disabled persons. c) The applicant has to reside near the Anganwadi Centre d) If the applicant is physically disabled persons they have to produce the certificate.
e) The certificate of no family members in any Government Service has to be produced.
Apart from the above specified condition, the applicant have to produce age transfer certificate and Nativity Certificate."
3. The said post was allocated for a person of backward community. The petitioner belongs to backward community and also performed well in the interview. But to her surprise, she was not selected. A person who was residing at a place far away from Kambur Village was selected. Now, there is a vacancy in the Kattupunjai Village Anganvadi Centre in respect of the Anganwadi Assistant post and nobody other than the petitioner has applied for the said post. Since the petitioner is living in Annampakkam Village which is only 3 kilometers from Kattupunjai, she can be considered for the appointment of the said post. Therefore, the petitioner sent a representation dated 25.04.2018 to the third respondent to consider her case.
4. However, the petitioner has not challenged the earlier order and now seeks only to consider her representation in future vacancy.
5. Hence, the third respondent is directed to consider the representation of the petitioner dated 25.04.2018 along with the others, if the petitioner is qualified for the said post, if any vacancy arises in the said Area, while issuing a fresh notification in future.
6. Thus, the writ petition is disposed of with above direction. No costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar lok To
1. The Secretary, The Government of Tamil Nadu, Social Welfare Department, Fort St.George, Chennai-600 009
2. The District Collector, Villupuram District
3. The Child Development Project Officer, Olakkur Union, Villupuram District +1cc to Mr.K.Balakrishnan, Advocate, S.R.No.34204 +1cc to the Government Pleader, S.R.No.34162 W.P.No.12883 of 2018 SKS(CO) CS/19/06/18