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Madras High CourtWP/30534/2022disposed of

Aided Middle School v. The District Collector

2022-11-17Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Aided Middle School, Milaga Kuppam, (Recognised and Aided by Government of Tamil Nadu) (Tamil and English Medium) Milagakuppam, Keeraisathu Post and Panchayat, Katpadi Block, Vellore District.

Represented by its Correspondent, James Prabakaran

...Petitioner

vs.

1. The District Collector, Vellore District, Vellore - 9.

2. The P.A. To Collector, Noon Meal Organisation, Vellore Collectorate Office, Vellore - 9.

3.The Block Development Officer, Katpadi Panchayat Union, Katpadi, Vellore District.

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 26.08.2022 by appointing the Noon Meals Organiser MEKALA, wife of Maheswaran, 2) Cook AMMU, wife of Arunachalam and 3) Cook Assistant GOWTHAMI, wife of Ilayaraja confirming permanent status further to pay the arrears of wages to the said three Noon Meals workers as humane consideration to secure the ends of justice.

For petitioner : Mr.R.Sankarasubbu For respondents : Mr.M. Naveen, Government Advocate for R1 Mr.L.S.M. Hasan Fizal, Additional Government Pleader for R2 Mr.Sajeev Kumar, Special Government Pleader for R3

ORDER

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.

2. Mr.M. Naveen, learned Government Advocate accepts notice for the 1st respondent, Mr.L.S.M. Hasan Fizal, learned Additional Government Pleader accepts notice for the 2nd respondent and Mr.Sajeev Kumar, learned Special Government Pleader accepts notice for the 3rd respondent.

3. This writ petition has been filed for a Mandamus seeking for a 2/5

direction to the respondents to consider the petitioner's representation dated 26.08.2022 seeking for approval to appoint a) Mekala as Noon Meals Organiser, b) Ammu as Cook and c) Gowthami as Cook Assistant in the petitioner's School, within a time frame to be fixed by this Court.

4. The petitioner claims that the aforementioned persons are working in their School and they have sent a proposal to the respondents to approve their appointment. The petitioner is an aided School. They have given a representation on 26.08.2022 to the respondents for the said purpose. Since the representation has not been considered till date, they have filed this writ petition.

5. Heard Mr.R.Sankarasubbu, learned counsel for the petitioner, Mr.M. Naveen, learned Government Advocate for the 1st respondent, Mr.L.S.M. Hasan Fizal, learned Additional Government Pleader for the 2nd respondent and Mr.Sajeev Kumar, learned Special Government Pleader for the 3rd respondent.

6. No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

7. For the foregoing reasons, this Court directs the 2nd respondent to 3/5

pass final orders on the petitioner's representation, dated 26.08.2022 seeking for approval to appoint a) Mekala as Noon Meals Organiser, b) Ammu as Cook and c) Gowthami as Cook Assistant in the petitioner's School, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

8. With the aforesaid directions, this writ petition is disposed of. No costs.

17.11.2022 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To

1. The District Collector, Vellore District, Vellore - 9.

2. The P.A. To Collector, Noon Meal Organisation, Vellore Collectorate Office, Vellore - 9.

3.The Block Development Officer, Katpadi Panchayat Union, Katpadi, Vellore District.

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ABDUL QUDDHOSE, J.

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