R.Kalaiselvi, v. The Director Of Social Welfare

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.35797 of 2016 R.Kalaiselvi ... Petitioner Vs.

1 The Director of Social Welfare Guindy, Chennai-32.

2 The Block Development Officer, Vridhachalam, Cuddalore District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to consider and pass orders on the petitioner's representation dated 27.09.2016 regarding to accommodate any one of the two vacancies of Women Rural Welfare Officer at Virudhachalam Panchayat Union within a stipulated time as fixed by this Honourable Court. For Petitioner : Mr.A.Baskaran For Respondents : Mr.C.Jagadish for R1 Special Government Pleader Mr.K.Thangapandi for R2 Government Advocate

O R D E R

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

2.The present writ petition has been filed seeking a Mandamus directing the first respondent to consider and pass orders on the petitioner's representation dated 27.09.2016 regarding to accommodate any one of the two vacancies of Women Rural Welfare Officer at Virudhachalam Panchayat Union within a stipulated time as fixed by this Court.

3.The petitioner would state that she was appointed as Anganwadi Teacher in the year 1982 and was promoted as Women Rural Welfare Officer, Vridhachalam Panchayat Union, Cuddalore District and she joined the said post on 04.03.2016. Thereafter, vide proceedings of the Director of Social Welfare Department, Guindy, Chennai dated 24.08.2016, the petitioner was transferred and posted as Women Rural Welfare Officer, Nallur Panchayat Union, Cuddalore District.

4.The petitioner would further state that she has not given any willingness for transfer to Nallur Panchayat Union and would further state that before completing three years of service, she was transferred by the respondent to Nallur Panchayat Union and it is against the guidelines given in G.O.Ms.No.10 P & AR Department,

dated 07.01.1994. The petitioner would further state that nobody is posted as Rural Welfare Officer, Vridhachalam Panchayat Union and it is still vacant. The petitioner therefore, made a representation dated 29.09.2016, to the first respondent requesting to accommodate her in anyone of the two vacancies of Rural Welfare Officer, Vridhachalam Panchayat Union and the same was not considered. Hence, this petition.

5.Heard the submissions of the learned counsel appearing for the petitioner, the learned Special Government Pleader who takes notice for the first respondent and the learned Government Advocate who takes notice for the second respondent.

6.Considering the submissions made on either side and without going into the merits of the case, this Court directs the petitioner to give a fresh representation along with a copy of this order to the respondents, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the respondents are directed to consider the said representation and pass appropriate orders, on merits and in accordance with law, within a period of four weeks thereafter.

R.SUBBIAH,J.

pri 7.It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner and it is for the respondents to decide the matter, purely on merits. 8.The writ petition is disposed of accordingly. No costs. 07.10.2016 pri Index: Yes/ No Internet: Yes/ No To 1 The Director of Social Welfare Guindy, Chennai-32.

2 The Block Development Officer, Vridhachalam, Cuddalore District.

W.P.No.35797 of 2016 07.10.2016