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Madras High CourtWP/32188/2016disposed of

M.Rajeshwari, v. The Commissioner Of Social

2016-09-15Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.32188 of 2016 M.Rajeshwari ... Petitioner Vs.

1. The Commissioner of Social Welfare, Chennai- 600 005.

2. The District Collector, Krishnagiri District, Krishnagiri.

3. The Commissioner, Mathur Panchayat Union, Krishnagiri.

4. M.Vijayalakshmi ... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the 1st respondent herein to consider the petitioner's appeal dated 28.09.2015 preferred as against the order in Na.Ka.No.10180/2015/X.1 dated 16.09.2015 passed by the second respondent and pass orders regarding the appointment of petitioner as Cook Assistant in the Noon meal Centre at Government High School, Kodipatty, Mathur Panchayat Union, Krishnagiri District, in accordance with law by cancelling the said illegal appointment made to the fourth respondent. For Petitioner : Mr.Thamaraiselvan For Respondent : Mr.R.Rajeswaran Special Government Pleader

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner has come up with the present writ petition for a mandamus, directing the first respondent herein to consider the petitioner's appeal dated 28.09.2015 preferred as against the order in Na.Ka.No.10180/2015/X.1 dated 16.09.2015 passed by the second respondent and pass orders regarding the appointment of petitioner as Cook Assistant in the Noon meal Centre at Government High School, Kodipatty, Mathur Panchayat Union, Krishnagiri District, in accordance with law, by cancelling the appointment made to the fourth respondent.

3. After making detailed submissions, the learned counsel appearing for the petitioner has submitted that it would suffice if a direction is given to the first respondent to dispose of the petitioner's appeal dated 28.09.2015, within a stipulated period.

4. The learned Special Government Pleader appearing for the respondents has stated no objection for such an order, being passed by this Court.

5. Considering the submissions made by the learned counsel for the petitioner, this Court, without going into other averments made in the affidavit filed in support of this petition, directs the first respondent to dispose of the appeal dated 28.09.2015, on merits and in accordance with law, after giving an opportunity of hearing to the petitioner, the fourth respondent as well as other necessary parties, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the matter and it is for the first respondent to consider the claim of the petitioner strictly on merits and in accordance with law. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar arr

To

1. The Commissioner of Social Welfare, Chennai- 600 005.

2. The District Collector, Krishnagiri District, Krishnagiri.

3. The Commissioner, Mathur Panchayat Union, Krishnagiri.

+1cc to Mr.R.Thamaraiselvan, Advocate, S.R.No.52305 +1cc to the Government Pleader, S.R.No.52529 W.P.No.32188 of 2016 KK(CO) CA(06/10/2016)