K.Saraswathi v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.01.2021

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.20345 of 2020 (Heard through VC) K.Saraswathi .. Petitioner -vs1.The Secretary to Government, Local Administrative Department, Secretariat, Chennai - 600 009.

2.The District Collector, Thiruvannamalai, Thiruvannamalai District.

.. Respondents Prayer: Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus directing the first and second respondents to consider the petitioner's representation dated 05.11.2020 within a stipulated period, consequently, direct the 2nd respondent to regularize the petitioner cooking service at the petitioner village, Padanoorpanchayat school. For Petitioner : Mr.T.V.G.Kartheeban For Respondents : Mrs.Rajalakshmi Government Advocate

O R D E R

The petitioner has come forward with this writ petition, seeking a direction to the first and second respondents to consider her representation dated 05.11.2020 within a stipulated period and a consequential direction to the second respondent to regularize her cooking service at the petitioner's village, Padanoor panchayat school.

2. Mrs.Rajalakshmi, learned Government Advocate takes notice on behalf of the respondents. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

3. According to the Petitioner, her husband is the absolute owner of the property comprised in Survey No.296/3A and the same was donated for construction of Panchayat School https://hcservices.ecourts.gov.in/hcservices/

in her village. The petitioner was working in the said school as a cook since 2010 temporarily, whereas, the concern school Head Master has recommended to the concern Block Development Officer to regularize her service. The said recommendation letter was kept pending without taking any steps to forward it to the second respondent. Hence, the petitioner had filed a writ petition in W.P.No.13911 of 2019 dated 20.11.2019 and the same was allowed. Based on the Court direction, the Block Development Officer, Thiruvannamalai has issued proceedings in Na.Ka.No.1390 of 2019 dated 24.08.2020, wherein, he has admitted the petitioner's entire facts and stated that the second respondent is the only authority to regularize the petitioner's cooking service. Hence, the petitioner has sent a representation dated 05.11.2020 to the respondents seeking to regularize her cooking service in her village, Padanoor Panchayat Primary School. As there was no action till date, the petitioner has filed this writ petition.

4. Considering the facts and circumstances of the case, as the petitioner's representation is already pending with the authorities concerned, this Court directs the Respondents herein to consider the petitioner's representation dated 05.11.2020 and pass appropriate orders thereon, in accordance with law, after affording an opportunity of hearing to the petitioner and others, if any, who are likely to be affected, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Rsi To 1.The Secretary to Government, Local Administrative Department, Secretariat, Chennai - 600 009.

2.The District Collector, Thiruvannamalai, Thiruvannamalai District.

+1cc to Mr.T.V.G.Kartheeban, Advocate, S.R.No. 228 +1cc to the Government Pleader, S.R.No. 513 W.P.No.20345 of 2020 SV(CO) GN(12/02/2021) https://hcservices.ecourts.gov.in/hcservices/