A. Saidhanibee v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date: 06.07.2017

CORAM

THE HONOURABLE THIRU JUSTICE V. PARTHIBAN W.P.No.559 of 2011 & M.P.Nos.1 & 2 of 2011 A.Saidhanibee .... Petitioner vs

1. The District Collector, Thiruvallur District, Thiruvallur.

2. The Commissioner, Tiruttani Panchayat Union, Tiruttani.

3. S.Durgadevi .... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records of the first respondent in Na.Ka.No.37878/10/NMP.1 dated 03.01.2011, quash the same and direct the 1st respondent to appoint the petitioner as Noon Meal Organizer in Islam Nagar Panchayat Union Middle School, Tiruttani Panchayat Union as per the assessment made by the 2nd respondent. For petitioner :

Mr.V.Sudhakaran For respondents: Mr.R.E.S.Senthil Vel, AGP Mr.J.Rajakalifulla for R2 Mr.S.Ramesh for R3

ORDER

The present writ petition has been filed, seeking for the following relief:

"Issue Writ of Certiorarified Mandamus, to call for the records of the first respondent in Na.Ka.No.37878/10/NMP.1 dated 03.01.2011, quash the same and direct the 1st respondent to appoint the petitioner as Noon Meal Organizer in Islam Nagar Panchayat Union Middle School, Tiruttani Panchayat Union as per the assessment made by the 2nd respondent.

2. Learned counsel appearing for the petitioner would submit that the issue which arose for consideration before this Court in this Writ Petition can be remanded to the first respondent for fresh consideration in terms of G.O.Ms.No.163, dated 18.8.2010 in the light of the order of this Court passed in W.P.Nos.3537 and 3538 of 2011, dated 5.6.2017, wherein, it was observed as follows in para 8: "8. A perusal of the impugned orders passed by the 1st respondent-Collector of Tiruvallur District, disclose that the points urged by the writ petitioners as to the noncompliance of the residential requirement on the part of the respective 3rd respondents in each of these writ petitions, have not been properly considered and therefore, it is to be set aside and the matter is to be remanded to the 1st respondent once again and re-do the exercise and till such time, the occupation to the post of the Noon Meal Organisers by the respective 3rd respondents in these writ petitions need not be disturbed."

3. In view of the submissions made by the learned counsel for the parties and the learned the learned Addl.Govt.Pleader appearing for the official respondents, the matter is remitted back to the 1st respondent for being considered afresh. The 1st respondent is directed to decide the issue as to whether the petitioner or the 3rd respondent is entitled to be appointed as Noon Meal Organizer in the subject place and pass appropriate orders in accordance with law, within a period of two months from the date of receipt of a copy of this order. However, it is made clear that the appointment of the 3rd respondent shall not be disturbed, pending final decision is taken by the 1st respondent.

With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected MPs are closed. Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar To

1. The District Collector, Thiruvallur District, Thiruvallur.

2. The Commissioner, Tiruttani Panchayat Union, Tiruttani.

+1cc to Mr.M.S.Palanisamy,Advocate sr.47000 +1cc to Mr.M.A.Gowthaman,Advocate sr.47129 +1cc to Mr.J.Rajakalifulla,Advocate sr. 47201 W.P.No.559 of 2011 ss(24/7/2017)