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Madras High CourtWP/30034/2019disposed of

Annai Lourd Educational Trust, v. The Collector,

2019-10-22Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.10.2019

CORAM

THE HONOURABLE Mr.JUSTICE M.DHANDAPANI W.P.No.30034 of 2019 Annai Lourd Educational Trust, rep. by founder trustee/Secretary of the Annai Lourd Schools, D.Varghese, No.1, School Road, Rajiv Gandhi Nagar, Pattabiram, Chennai 600 072.

... Petitioner Vs 1.The Collector, Collector's Office, Thiruvallur.

2.The Commissioner, Poonamalle Panchayat Union Office, Poonamalle, Chennai 600 056.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ or Order or Direction in the nature of Writ of Mandamus, directing the respondents to fill up the vacant posts of Noon Meal Cook Assistant and the Noon Meal Cook, in the records of the respondents, for preparing/supplying the Noon meal under Puratchi Thalaivar M.G.R.Nutrition (Noon Meal Scheme) by approving the appointment of Mrs.P.Jerline Chittra in the post of Noon Meal Assistant and Mrs.R.Anitha, in the post of Noon Meal Cook, in the petitioner schools along with order of sanction of salary to the said candidates. For Petitioner : Mr.G.Pramila For Respondent -1 : Mr.R.S.Selvam, Government Advocate.

For Respondent -2 : Mr.V.Prabhu Government Advocate.

O R D E R

This Writ Petition has been filed for the issuance of Writ of Mandamus directing the respondents to fill up the vacant posts of Noon Meal Cook Assistant and the Noon Meal Cook, in the records of the respondents, for preparing/supplying the Noon meal under Puratchi Thalaivar M.G.R.Nutrition (Noon Meal Scheme) by approving the appointment of Mrs.P.Jerline Chittra in the post of Noon Meal Assistant and Mrs.R.Anitha, in the post of Noon Meal Cook, in the petitioner schools along with order of sanction of salary to the said candidates.

2. It appears that the petitioner's school appointed one Mrs.P.Jerline Chittra as Noon Meal Assistant on 01.07.2011 and thereafter, a representation dated 13.01.2018 was made by the petitioner's school to the respondents to approve the appointment of candidate but there is no response. Later, vide proceedings dated 12.03.2018, the second respondent directed the petitioner school to submit their recommendation letter on or before 15.03.2018 and accordingly, the petitioner also made recommendation by way of representation dated 16.10.2018, 28.12.2018 and 06.02.2019 to the respondents to approve the appointment of the said candidate but there is no reply. Now, likewise, the petitioner had appointed one Mrs.R.Anitha as lady Noon Meal Cook on 02.01.2019 in the place of one Mrs.

Pachaiammal who retired and directed the said candidate to submit her application to the respondents for approval of her appointment as Noon Meal Cook. Accordingly, she made an application on 11.02.2019 enclosing all required certificates to the first respondent but there is no response. The petitioner school has also made representation on 15.07.2019 to the respondents to approve the appointment of Mrs.R.Anitha as Noon Meal Cook but there is no response. In such circumstances, the petitioner has come forward with the present Writ Petition seeking direction to the respondents to approve the appointment made by the petitioner school.

3. The learned counsel for the petitioner would submit that it would suffice to issue direction to the respondents to dispose of the representation made by the petitioner in accordance with law.

4. Considering the facts and circumstances of the case and the limited request made by the learned counsel for the petitioner, I am inclined to issue direction to the respondents to dispose of the representation dated 15.07.2019, if not disposed of already, within a period of twelve (12) weeks from

the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar bkn To 1.The Collector, Collector's Office, Thiruvallur.

2.The Commissioner, Poonamalle Panchayat Union Office, Poonamalle, Chennai 600 056.

+1cc to Mrs.G.Pramila, Advocate, SR.88134/19 +1cc to the Government Pleader SR.88751/19 W.P.No.30034 of 2019 RJI(CO) CB(06/01/2020)