Mrs. Pachammal v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.08.2016
CORAM:
THE HON 'BLE MR. JUSTICE B.RAJENDRAN Writ Petition Nos.32259 to 32262 of 2015 & 30061 of 2014 and M.P.No.1 of 2014 Mrs. Pachammal ... Petitioner in W.P.No.32259 / 2015 Mrs. S.Santha ... Petitioner in W.P.No.32260 / 2015 Mrs. S.Saritha ... Petitioner in W.P.No.32261 / 2015 Mrs. K.Valliammal ... Petitioner in W.P.No.32262 / 2015 Mrs. Thamarai Selvi Mrs. K.Kavitha ... Petitioners in W.P.No.30061 / 2015
Versus
1. The District Collector, Krishnagiri District, Collectorate, Krishnagiri .. R-1 in all W.Ps.
2. The Block Development Officer, Bargur Block, Krishnagiri District, Krishnagiri .. R-2 in W.P.No.30061 / 2015 WP.Nos.32259 to 32262/2013 Prayer:- Petitions filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned orders, in N.K.Nos.29216/2014/X1, dated 16.02.2015; 4133/2015/X1, dated 23.02.2015, 4133/2015/X1, dated 23.02.2015; 4134/2015/X1, dated 18.02.2015; respectively, on the file of the first respondent, quash the same and consequently direct the first respondent to accommodate the petitioners, in the post of Noon-Meal Organisers, or in any suitable job in any one of the scheme being implemented in the District of Krishnagiri, by the State Government, by considering their experience in the post of Coordinator in 'Valar Kalvi Thittam'.
Writ petition filed under section 226 of Constitution of India to issue a wirt or order of direction in the nature of certiorarified madam us calling for the records relating to the impugned order of the 1st respondent in Sa Mu. Na. Ka No. 12366/2012/EX1 dt 20.9.2014 on the file of the 1st respondent
and quash the same consequentially direct the 1st respondent to accommodate the petitioners in the available or forthcoming vacancies in the post of Organizers of the centre under any one of the Government Schemes including ICDS or similar Schemes by taking in to consideration of their experience of five years worked as organizers on consolidated pay within a reasonable time to be fixed by this Honourable Court.
For Petitioner in Writ Petition Nos.
32259 to 32262 of 2015 :Mr. K.Karthick For Petitioner in W.P.No.30061/2014 :Mr. C.Mahendran For Respondents in all W.Ps : Mr. S.Gunasekaran, AGP., for R-1 Mr. I.Arokiasamy, for R-2, in W.P.No.30061/2014 --- C O M M O N O R D E R Heard the learned counsels appearing for both sides.
2. These writ petitions have been filed by the petitioners for the issuance of Writs of Certiorarified Mandamus, to call for the records pertaining to the impugned orders, in N.K.Nos.29216/2014/X1, dated 16.02.2015; 4133/2015/X1, dated 23.02.2015, 4133/2015/X1, dated 23.02.2015; 4134/2015/X1, dated 18.02.2015; and Sa.Mu.Na.Ka.No.12366/2012/EX1, dated 20.09.2014, respectively, on the file of the first respondent, quash the same and consequently, direct the first respondent to accommodate the petitioners, in the post of Noon-Meal Organizers, or in any suitable job, in any one of the scheme being implemented in the District of Krishnagiri, by the State Government, by considering their experience in the post of Coordinators, in 'Valar Kalvi Thittam'.
3. The impugned orders have been questioned mainly on the ground that the authorities have not taken into consideration the previous employment (Coordinators in Growing Education Scheme) of the petitioners, especially, as a temporary one, for quite a long time. But, as rightly pointed out in the counter affidavits as well in the impugned orders, the post of Noon Meal Organizer is quite different from the post of Coordinator in Growing Education Scheme, as per G.O.No.163, Social Welfare and Nutrition and Noon Meal Department, dated 18.08.2010, which the petitioners have not opted for.
4. Further, in paragraph No.8 of the counter affidavits, the
first respondent has clearly stated that, if the petitioners apply for the next ensuing selection, to the post of Noon Meal Organizers, their applications will be taken into consideration, if they are otherwise found eligible.
5. In view of the above statement made in the counter affidavits, these writ petitions stand dismissed. Since the writ petitioners are said to have worked as Coordinators, temporarily, and there is no provision in the said Government Order to consider the case of such erstwhile workers, this Court can only sympathetically state that when the petitioners apply for the next ensuing selection for the post of Noon Meal Organizers, their applications shall be taken into consideration, by the first respondent, if they are otherwise found eligible. No costs. Consequently, the connected WMPs are closed.
-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar srk To
1. The District Collector, Krishnagiri District, Collectorate, Krishnagiri
2. The Block Development Officer, Bargur Block, Krishnagiri District, Krishnagiri +6 CC M/s. C. Mahendran, Advocate, Sr.No.46953 W.P.Nos.32259 to 32262 of 2015 & 30061 of 2014 and M.P.No.1 of 2014 CTK (CO) MD : 07/09/2016