M.Sarasu v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.26466 of 2019 M.Sarasu .. Petitioner Vs.
1.The Government of Tamilnadu, represented by the Secretary, Social Welfare and Nutritious Meal Scheme Department, For St.George, Chennai- 600 009.
2.The District Collector, Dharmapuri District, Dharmapuri - 636 705.
3.The Personal Assistant (P.A) to the Collector (Noon Meal Scheme) Dharmapuri - 636705.
4.The Commissioner, Panchayat Union Office, Nallampalli Taluk, Dharmapuri - 636 705.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider her application dated 17.03.2017, for appointment to the post of Noon-Meal Organizer in Kodiyur Panchayat Elementary School in Nallampalli Panchayat Union, by considering her representation dated 05.04.2019. For Petitioner : Ms.K.Akilandeswari For R1 to R3 : Ms.M.Lalitha Government Advocate For R4 : Mr.R.P.Prathap Singh Government Advocate
ORDER
This writ petition is filed seeking direction to the respondents to consider her application dated 17.03.2017, for appointment to the post of Noon-Meal Organizer in Kodiyur Panchayat Elementary School in Nallampalli Panchayat Union, by considering her representation dated 05.04.2019. 2.The case of the petitioner is that the petitioner has passed SSLC in October, 1995 and belongs to Arundathiyar Community. The petitioner applied for the post of Noon-Meal organizer on 17.03.2017 in the Kodiyur Panchayat Union Elementary School, which is specially allocated for the Arundathiyar Community people. The petitioner further submits that she is residing within 3 Kms from the school. Hence, she is eligible to get appointment for the post of Noon-Meal Organizer in the school.
3.The grievance of the petitioner is that the petitioner's name was not included in the selection list. The petitioner is aged about 40 years at the time of applying for the post and the age limit for the Arundathiyar community to get appointment is 45 years. Hence, the petitioner made representation to the respondents on 05.04.2019. Since, no action has been taken, this writ petition came to be filed.
4.This Court is of the view that appointment to the post of Noon-Meal organizer is to be filled by the second respondent after calling for the applications for the post and the names sponsored by the employment exchange, followed by the procedures and the recruitment rules in force. Therefore, the application sent by the petitioner dated 17.03.2017, cannot be considered and the petitioner is at liberty to participate in the selection when recruitment notification for the post is issued by the Government, if she is eligible for the post in future. 5.Accordingly, this writ petition is dismissed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To 1.The Secretary, Government of Tamilnadu, Social Welfare and Nutritious Meal Scheme Department, For St.George, Chennai- 600 009.
2.The District Collector, Dharmapuri District, Dharmapuri - 636 705.
3.The Personal Assistant (P.A) to the Collector (Noon Meal Scheme) Dharmapuri - 636705.
4.The Commissioner, Panchayat Union Office, Nallampalli Taluk, Dharmapuri - 636 705.
+1 cc to M/s.R.P.Prathab Singh,Advocate Sr.No. 77615 +1 cc to Mr.K.Akhilandeswari, Advocate Sr.No.77272 +1 cc to The Government Pleader SR.No.77765 AKM/16.10.19/3P-8C/ W.P.No.26466 of 2019