T.Saroja, v. The Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 08.10.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.31967/2015 T.Saroja

...Petitioner

Versus

1. The Collector Dharmapuri, Dharmapuri District.

2. Tmt.G.Deivanai

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the first respondent to consider the petitioner's representation dated 24.12.2014 with regard to the irregularity committed in the appointment of the second respondent as Noon Meal Organiser, Panchayat Union Elementary School, Vattaganampatti and pass appropriate orders within a time limit to be fixed by this Hon'ble Court. For Petitioner : Mr.P.Rajendran For Respondents : Mr.N.Srinivasan [R1] Additional Government Pleader

ORDER

By consent, the writ petition is taken up for final disposal.

The petitioner would state that the husband of the petitioner, viz., Venkatesan, died on 17.07.2000 and the petitioner belongs to Backward Class community and her husband belongs to Scheduled Caste [Arundathiyar] Community and the marriage was an inter-caste marriage and out of the said wedlock, two sons were born. The petitioner would state that she is qualified with higher secondary course and she is eligible to get appointment to the post of Noon Meal Organiser under "Widow" category. The petitioner was called upon to

attend an interview on 08.08.2012 for appointment to the post of Noon Meal Organizer in the Panchayat Union Elementary School, Vattaganampatti. Accordingly, she has attended the interview and produced all the certificates and however, the 2nd respondent was given appointment on 21.08.2012 on priority basis on the ground that she is a widow. The petitioner would state that the husband of the 2nd respondent died in an accident in the year 1996 and thereafter, she got married to Thiru.Deivam and also begot a girl child on 05.03.2000 and another girl child on 09.01.2002 and consequently, she is not entitled to get appointment under the said category and suppressing the said fact, she managed to get employment as Noon Meal Organizer under the priority quota as a widow. The petitioner in this regard, has submitted a representation on 24.12.2014 to the 1st respondent and since no orders have been passed, the petitioner came forward to file this writ petition.

Heard the submissions of the learned counsel for the petitioner and Mr.N.Srinivasan, learned Additional Government Pleader who accepts notice on behalf of the 1st respondent.

This Court, in the light of the above facts and circumstances and without going into the merits of the same, permits the petitioner to submit one more representation to the 1st respondent, by enclosing a copy of this order as well as the copy of the earlier representation dated 24.12.2014 within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the 1st respondent shall consider and dispose of the same on merits and in accordance with law, after putting on notice the 2nd respondent herein and pass orders within a further period of eight weeks thereafter and communicate the decision taken to the petitioner as well as to the 2nd respondent. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar

AP To The Collector Dharmapuri, Dharmapuri District.

1 CC to Mr.P.Rajendran, Advocate SR.No. 55716 1 CC to the Government Pleader, SR.No. 55118 W.P.No.31967/2015 SAI (CO) PSI (20.10.2015)