Tamilnadu Integrated Noon v. State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01-11-2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.5757 of 2011 And M.P.Nos.1 of 2011 and 1 of 2012 Tamil Nadu Integrated Noon Meals Employees' Welfare Association, Regn.No.227/2006 4/198, Bells Road, Chepauk, Chennai-5, Represented by the State President M.Varadarajan ..Petitioner -vs1.State of Tamil Nadu Represented by the Secretary to Government, Social Welfare and Noon Meals Scheme Department, Secretariat, Chennai-9.

2.The Director of Social Welfare, Directorate, Chepauk, Chennai-5.

..Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to provide compassionate appointment to the candidates waiting for such an appointment as per G.O. (Ms) No.6, Social Welfare and Noon Meals Scheme (Sa U Thi 2) Department, dated 22.1.2009 and G.O.(Ms) No.198, Social Welfare and Noon Meals Scheme (Sa U Thi 2) Department, dated 25.10.2007 before making any appointment by direct recruitment in the State of Tamil Nadu immediately.

For Petitioner - Mr.R.Singgaravelan, Senior Counsel for Mr.V.S.Jagadeesan For Respondents-1&2- Mr.K.Thangapandi, Government Advocate.

ORDER

The writ petition is filed by the Tamil Nadu Integrated Noon Meals Employees' Welfare Association, represented by the State President.

2. The relief sought for in this writ petition is for a direction to direct the respondents to provide compassionate appointment to the candidates waiting for long years.

3. However, the learned Senior Counsel Mr.R.Singgaravelan, appearing on behalf of the writ petitioner, fairly submits that now an assurance is provided by the respondent, in paragraph-16 of the counter-affidavit, filed in this writ petition, which reads as under:- "16. It is further submitted that the appointment of Noon Meal Organisers/ Cooks/ Cook Assistants on compassionate grounds has also been carried out by the Department on par with regular (direct) appointment. In this connection, necessary instructions have been given to all the District Collectors (vide letter No.12747/NMP (E-1)/12, dated 10.5.2012 to appoint all eligible candidates who are the legal heirs of the deceased Noon Meal Organisers/ Cooks/Cook Assistants on compassionate grounds prior to the direct appointments."

4. In view of the affidavit filed by the respondents, no further adjudication needs to be undertaken on the grounds raised in this writ petition.

5. Accordingly, the writ petition stands closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are also closed.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar Svn

To 1.The Secretary to Government, State of Tamil Nadu, Social Welfare and Noon Meals Scheme Department, Secretariat, Chennai-9.

2.The Director of Social Welfare, Directorate, Chepauk, Chennai-5.

+1 Cc to Mr.V.S.Jagadeesan, Advocate sr 78105. WP 5757 of 2011 GMI(CO) SP(24/11/2017)