M.Devi, v. The Director, Ministry Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.04.2024 CORAM :
THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMAR W.P.No.16218 of 2018 and W.M.P.No.19311 of 2018 M.Devi ... Petitioner Vs.
The Director, Ministry of Women's and Children Development, Integrated Child Development Service, Housing Board Complex opposite to LIC Office Kamaraj Salai, New Saram, Pondicherry-605 013.
...Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records connected with the impugned order dated 22.03.2013 issued by the respondent vide his proceedings No.Nil and quash the same and further direct the respondent to reinstate the petitioner with full wages from the date of her dismissal with 12% per annum and with all other attended benefits. Page No.1 of 5
For Petitioner : Ms.B.Harith Priyadharshini for M/s.Law square.
For Respondent : Mr.M.Nirmal Kumar Government Advocate (Puducherry)
ORDER
The petitioner herein, was appointed as an Anganvadi Helper on temporary basis on an Honorarium of Rs.1500/- per month. She was dismissed from service by passing an order dated 22.03.2013. 2.
From the perusal of the order of dismissal, it is noticed that there was no reason assigned while dismissing the petitioner from service. However, according to the learned counsel for the petitioner, the dismissal order was passed consequent upon the alleged involvement of the petitioner in the criminal case involving murder of her husband. Subsequently, on acquittal from the said criminal case in sessions case No.52 of 2014 by judgment dated 15.09.2016, the petitioner claims to have approached the respondent by submitting a representation dated 13.10.2016 seeking reinstatement consequent upon her acquittal from the criminal case. Complaining inaction on the part of the respondent in considering the said representation dated 13.10.2016, the petitioner approached this Court by Page No.2 of 5
filing the present writ petition.
3.
Though this writ petition is of the year 2018, the respondent has not filed counter affidavit. Considering the fact that the grievance of the petitioner is only non-consideration of the representation dated 13.10.2016, this Court is of the considered view that it is not necessary to go into the merits of the case at this stage and it would be appropriate to dispose of the writ petition directing the respondent to consider the representation dated 13.10.2016 claimed to have been submitted by the petitioner. 4.
Accordingly, the writ petition is disposed of directing the respondent to consider the representation dated 13.10.2016 submitted by the petitioner and pass appropriate orders thereon as expeditiously as possible at any rate within a period of six (6) weeks from the date of receipt of a copy of this order. The petitioner is also granted liberty to submit a copy of her representation or fresh representation within a period of two (2) weeks from the date of receipt of a copy of this order.
5.
Consequently, the connected miscellaneous applications, if any, Page No.3 of 5
shall stand closed. No costs.
16.04.2024 Index :
Yes/No Speaking Order :
Yes/No dpa To:
The Director, Ministry of Women's and Children Development, Integrated Child Development Service, Housing Board Complex opposite to LIC Office Kamaraj Salai, New Saram, Pondicherry-605 013.
MUMMINENI SUDHEER KUMAR,J.
Page No.4 of 5
dpa W.P.No.16218 of 2018 and W.M.P.No.19311 of 2018 16.04.2024 Page No.5 of 5