Madras High CourtWP/11218/2012disposed of

Tmt.Vasantha v. The District Collector

2017-05-08Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.11218 of 2012 VASANTHA [ PETITIONER ] Vs 1 THE DISTRICT COLLECTOR VILLUPURAM DISTRICT VILLUPURAM 2 CHILD DEVELOPMENT PROGRAMME OFFICER OFFICE OF INTEGRATED CHILD DEVELOPMENT PROGRAMME CHINNA SALEM BLOCK VILLUPURAM DISTRICT 3 THE COMMISSIONER CHINNA SALEM PANCHAYAT UNION CHINNA SALEM VIZHUPURAM DISTRICT 4 SUGANTHI [ RESPONDENTS ] Petition filed under Article 226 of the Constitution of India to issue a Writ of certiorarified mandamus to call for the records on the file of the 1st respondent in connection with the order passed by him in his Proc. Se. Mu. Ka. No. 1841/A2/2009 dt 24.2.11 and quash the same and direct the respondents 1 to 3 to select the petitioner for appointment to the said post as she is preferable in all aspects as evidenced from the particulars furnished to her under the Right to Information Act 2005 by June 2011 with all monetary and service benefits.

For Petitioner : Mr.R.Singgaravelan, Senior Counsel for Ms.M.Srividhya For Respondents : Mr.K.Dhananjeyan, SGP (R1to 3) M/s FOR Fair Associates (R4)

O R D E R

Heard Mr.R.Singaravelan, learned Senior Counsel for Ms.M.Srividhya, learned counsel for the petitioner, Mr.K.Dhanajeyan, learned Special Government Pleader for the respondents 1 to 3 and the learned counsel for the 4th respondent.

2. This writ petition is filed challenging the appointment order issued in favour of the 4th respondent to the post of Angawadi Worker/Cook.

3. Due to efflux of time, the appointment of the 4th respondent is confirmed and further, the 4th respondent is continuing in the post for about 6 years. Such being the case, this Court is not inclined to quash the appointment order issued in favour of the 4th respondent, due to the lapse of 6 years.

4. The learned Senior Counsel appearing for the writ petitioner submits that still vacancies are available and further the writ petitioner is qualified to hold the post of Angawadi Work/Cook.

5. In view of the above submission made by the learned Senior Counsel for the petitioner, the writ petitioner is at liberty to submit a representation to the 1st respondent, within a period of two weeks from the date of receipt of a copy of this order and on receipt of such a representation from the petitioner, the 1st respondent is at liberty to consider the same and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks thereafter.

6. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rg

To 1 THE DISTRICT COLLECTOR VILLUPURAM DISTRICT VILLUPURAM 2 CHILD DEVELOPMENT PROGRAMME OFFICER OFFICE OF INTEGRATED CHILD DEVELOPMENT PROGRAMME CHINNA SALEM BLOCK VILLUPURAM DISTRICT 3 THE COMMISSIONER CHINNA SALEM PANCHAYAT UNION CHINNA SALEM VIZHUPURAM DISTRICT +1cc to Mrd.Srividhya, Advocate, S.R.No.36845 +1cc to the Government Pleader, S.R.No.36967 W.P.No.11218 of 2012 SR(CO) RS(17/05/2017)