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Madras High CourtWP/30270/2016disposed of

S.Muthulakshmi v. The District Collector,

2016-08-31Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.08.2016

CORAM

THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P. No.30270 of 2016 S.Muthulakshmi .. Petitioner Vs.

1.The District Collector, Salem District, Salem.

2. The Block Development Officer (BDO) Mecheri Panchayat Union, Mecheri, Mettur Taluk, Salem - District .. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to transfer the petitioner to the existing vacancy in Government Higher Secondary School, Madhanayakkenpatti, Mettur Taluk, Salem District in favour of the petitioner by considering her representation dated 05.08.2016. For Petitioner : Ms.S.Meenakumari For Respondents : Mr.R.S.Selvam, GA

O R D E R

By consent, the Writ Petition is taken up for disposal at the stage of admission itself.

2.This Writ Petition has been filed to issue a Writ of Mandamus, directing the respondents to transfer the petitioner to the existing vacancy in Government Higher Secondary School, Madhanayakkenpatti, Mettur Taluk, Salem District in favour of the petitioner by considering her representation dated 05.08.2016.

3. The petitioner is working as a Anganvadi Worker (cooking assistant) in Ervadi Panchayat Union Elementary School, Mettur Taluk, Salem District since 16.08.2012 and the petitioner is residing at Kaliyur Hamlet, Kuttappatti Village and post, Mettur

Taluk, Salem District. As the distance between the said school and her residence is 3 Kms, the petitioner could not be able to attend the school in time. Further, at the time of appointment in the year 2012, there are no vacancies in any of the schools near to the residence of the petitioner, hence she used to walk every day from her residence and in view of the same, she is not able to take care of her family members. While so, the petitioner came to know that in the Government Higher Secondary School, Madhanayakkenpatti, Mettur Taluk, Salem District, there is a vacancy and the said school is only half a kilometer from her residence, Therefore, on 05.08.2016, the petitioner submitted a representation to the 1st respondent, but till date no orders have been passed and hence, the Writ Petition has been filed.

4.Ms.S.Meenakumari, the learned counsel for the petitioner would submit that the petitioner would be satisfied, if her representation is directed to be considered and appropriate orders are passed as expeditiously as possible. 5.Mr.R.S.Selvam, learned counsel for the respondents has got no serious objection for directing the respondents to consider the representation of the petitioner and pass appropriate orders, on merits and in accordance with law. 6.Considering the submissions made on either side, this Court, without going into the merits of the claim made by the petitioner, directs the respondents, to consider the representation of the petitioner, dated 05.08.2016, and pass appropriate orders, on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner.

7.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar

To 1.The District Collector, Salem District, Salem.

2. The Block Development Officer (BDO) Mecheri Panchayat Union, Mecheri, Mettur Taluk, Salem - District.

+1cc to M/S.D.Balachandran, Advocate Sr.49337 +1cc to the Government Pleader Sr.49803 W.P. No.30270 of 2016 vd[co] srg 29/09/2016