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Madras High CourtWP/16868/2018allowed

C.Hemalatha, v. The District Collector,

2022-11-08Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM C.Hemalatha ... Petitioner Vs.

1.The District Collector, Collectorate Buildings, Namakkal.

2.K.Parasakthi ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the respondent made in S.E.Mu.Na.Ka.No.1018/A1/2017 dated 14.09.2017 and quash the same and consequently direct the respondent to consider the petitioner for appointment to the post of Anganwadi Worker at Devasthanampudur Anganwadi Centre.

For Petitioner : Mr.G.Vinoth For Mr.N.Umapathi For R1 : Mr.V.Arun Additional Advocate General Assisted by Mr.R.Neethi Perumal Government Advocate

For R2 : No Appearance

O R D E R

The appointment of the 2nd respondent as Anganwadi Worker at Devasthanampudur Anganwadi Centre is under challenge in the present writ petition.

2. The petitioner states that she has participated in the process of selection and appointment to the post of Anganwadi Worker at Devasthanampudur Anganwadi Centre.

3. The grievance of the writ petitioner is that the 2nd respondent is not residing in the same ward, was appointed in violation of the Government order issued in G.O.Ms.No.110 dated 14.05.2012. As per the Government guidelines, the candidates from the same ward shall be considered in respect of the Anganwadi Centres in Municipality / Corporation areas.

4. The learned Additional Advocate General appearing on behalf of the 1st respondent furnished the copy of the documents, which would reveal that the 2nd respondent is not residing in the same ward and thus, the

appointment of the 2nd respondent is in violation of the Government orders issued in G.O.Ms.110 dated 14.05.2012. As per the Government guidelines, the applicant residing in the same ward shall be considered. When many candidates from the same ward participated in the process of selection, the 2nd respondent, who is residing in another ward has been appointed and thus, the order of appointment is in violation of the Government guidelines issued. Consequently, order passed by the 1st respondent S.E.Mu.Na.Ka.No.1018/A1/2017 dated 14.09.2017 is quashed and the 1st respondent is direct to conduct a fresh selection to fill up the post of Anganwadi Worker as expeditiously as possible by following the procedures as contemplated.

5. With the above direction, the Writ Petition stands allowed. No costs.

08.11.2022 Jeni Index : Yes Speaking order

To The District Collector, Collectorate Buildings, Namakkal.

S.M.SUBRAMANIAM, J.

Jeni 08.11.2022