G.Umamageshwari, v. The State,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.11.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.37196 of 2015 and M.P.No.1 of 2015 G.Umamageshwari ... Petitioner - Vs -

1. The State Rep. by its Secretary to Government, Tamil Nadu Social Welfare and Nutritious Meals Department, Secretariat, Chennai.

2. The District Collector, Office of the District Collector, Vellore District.

3. The District Project Officer, Nutritious Noon Meal Programme, Vellore District.

4. The President of Panchayat, Nemili Village, Arakkonam Circle, Vellore District.

...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the respondent numbers 2 to 4 to appoint the petitioner as Cook Assistant in Puratchi Thalaivar M.G.R. Sathunavu Thittam (Noon Meals Scheme) Centre in Poigai Nallur, Government Middle School on the basis of her representation dated 07.10.2015.

For Petitioner : Mr.S.Kingston Jerold For Respondents 1 to 3 : Mr. V.Jayaprakash Narayanan Special Government Pleader For 4th Respondent : Mr.S.Ramesh Additional Government Pleader

O R D E R

By consent, this Writ Petition is taken up for final disposal.

2. According to the petitioner, she belongs to Scheduled Caster Community and a permanent resident of Poigai nallur colony and she applied for the post of Cook Assistant. It was rejected on the ground that she is over qualified. Challenging the same, the present Writ petition has been filed.

3. Heard the submissions of Mr.S.Kingston Jerold, learned counsel for the petitioner and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader who accepts notice on behalf of the respondents 1 to 3 as well as Mr.M.S.Ramesh learned Additional Government Pleader who accepts notice on behalf of the fourth respondent.

4. The learned counsel for the petitioner submitted that the petitioner is fully qualified to be appointed as a cook Assistant and therefore she submitted an application to the second respondent on 07.10.2015 seeking for his appointment as Cook Assistant which has not been considered so far and submitted the said representation may be directed to be disposed of by the second respondent.

5.Though the petitioner prayed for a larger relief, this Court taking into consideration of the submission of the learned counsel for the petitioner, without going into the merits of the case, directs the second respondent to consider and dispose of the representation of the petitioner dated 07.10.2015 on merits and in accordance with law, and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner.

This Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. sd/ ASSISTANT REGISTRAR(CS-VII) /TRUE COPY/ SUB-ASSISTANT REGISTRAR arr To

1. The Secretary to Government, Tamil Nadu Social Welfare and Nutritious Meals Department, Secretariat, Chennai.

2. The District Collector, Office of the District Collector, Vellore District.

3. The District Project Officer, Nutritious Noon Meal Programme, Vellore District.

4. The President of Panchayat, Nemili Village, Arakkonam Circle, Vellore District.

+1 CC to MR.S.Kingston Jerold Advocate. SR.NO. 63317 +1 CC to MR.S.Ramesh Advocate. SR.NO. 63474 +1 CC to Govt.Pleader. SR.NO. 63579 W.P.No.37196 of 2015 and M.P.No.1 of 2015 CO-MSM JD 14/12/2015