R.Sumathi, v. The Secretary To Government,
Originally on 14.09.2017, this Court allowed the writ petition filed by the petitioner and passed the following order: "22.In the result:
(a) this writ petition is partly allowed by setting aside the order dated 06.09.2012, in respect of cancelling the petitioner's appointment order dated 02.09.2012 in proceedings in Na.Ka.No.1622/A1/2012;
(b) the 2nd respondent District Collector, is hereby directed to issue appointment order immediately by appointing the petitioner by way of create a new post either in the petitioner's village or in any other nearby area and issue appointment order on or before 21.09.2017, without fail;
(c) the Registry is directed to post this case on 03.10.2017 "for reporting compliance" as first item." 2.Pursuant to the order of this Court dated 14.09.2017, the 2nd respondent District Collector has filed a petition in WMP.No.27779 of 2017 seeking extension of time to comply with the order of this Court. In the said petition, Para No.4 of the affidavit filed by the 2nd respondent District Collector, stated as follows:
"I respectfully submit that the copy of the order was received by this respondent only on 20.09.2017. This respondent cannot take a decision independently as per the directions given by this Hon'ble Court, the order dated 14.09.2017 passed by this Hon'ble Court has to be sent to the Government along with a fresh proposal and after obtaining the necessary opinion from the Government, further action has to be initiated. For complying certain formalities to get the opinion from the Government, it will take some more time.
I submit that there are some vacancies arose in the Pernambut Union for the post of Anganwadi Workers in the academic year 2016-2017 and as per the instruction given by the Government, the notification was issued to fill up all the vacancies and interview has also been conducted on various days during the month of September 2017. The scrutiny of all the applications and preparing selection list work is in progress. At this circumstance, the authority is not in a position to provide appointment order immediately. I have no intention to disobey the order of this Hon'ble Court but the authority require some more time to comply with the order. I am willing to comply with the order of this Hon'ble Court, but it requires some procedure to be complied with.
Hence, it is just and necessary to grant three months time to comply with the directions given by this Hon'ble Court. Hence it is respectfully prayed that this Hon'ble Court may be pleased to extend three months time from 22.09.2017 to 21.12.
given by this Hon'ble Court in its order dated 14.09.2017 in W.P.No.11405 of 2013 and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. 3.On perusal of the affidavit, it is made clear that the 2nd respondent/District Collector prayed before this Hon'ble Court seeking on extension of three months time to comply the order of this Court dated 14.09.2017.
4.In view of the submission made by the 2nd respondent/District Collector, time was granted till 23.11.2017 to comply with the order of this Hon'ble Court dated 14.09.2017.
5.Post the matter on 23.11.2017 "for reporting compliance."
3.Considering the petition filed by the 2nd respondent District Collector in WMP.No.27779 of 2017 on 05.10.2017, I accepted the request made by the District Collector seeking time for complying the order dated 14.09.2017 and I extend the time till 23.11.2017 to comply the order of this Court and post on 23.11.2017 "for reporting compliance".
4.When on 23.11.2017 the writ petition came up for reporting compliance, the learned Special Government Pleader appearing for the respondents has produced a copy of the order of appointment vide
proceedings of the District Collector, Vellore in br/K/e/f/vz;/3720-m12017(1). ehs; 17/11/2017, in which the petitioner was appointed as Anganwadi Worker at Melkotha Kuppam, Pernamput Block, but the learned counsel appearing for the petitioner reported that no order was received till 23.11.2017 by the petitioner. 5.Therefore, I passed an order on 23.11.2017, directing the petitioner to approach the 2nd respondent District Collector and the District Collector is directed to issue copy of the appointment order and permit the petitioner to join in the service immediately. 6.Pursuant to the order passed by this Hon'ble Court on 23.11.2017, the 2nd respondent / District Collector also issued the appointment order by hand to the petitioner and on receipt of the said order, the petitioner also joined in the service. 7.
When the matter came today, both the learned Additional Government Pleader and the learned counsel appearing for the petitioner were reported before this Hon'ble Court that the petitioner was joined in the service and the order of this Hon'ble Court dated 14.09.2017, was complied in letter and spirit.
8.This Court accepted the submission of the learned Additional Government Pleader. This Hon'ble Court very much appreciate the action of the 2nd respondent District Collector for his due respect and compliance of this Hon'ble Court's order made in W.P.No.11405 of 2013, dated 14.09.2017.
30.11.2017 vs
M.V.MURALIDARAN.J., vs WP.No.11405 of 2013 and M.P.No.1 of 2013 30.11.2017