Parimala, D/O.Kuppan, v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.12.2022
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH and WMP No. 24101 of 2017 Parimala ... Petitioner Vs
1. Government of Tamil Nadu, Rep by its Chief Secretary, Secretariat, Chennai.
2. The District Collector, District Collectorate, Thiruvannamalai, Thiruvannamalai District.
4. The Project Officer for Children Development, Thandarampet, Thandarampet Taluk, Thiruvannamalai District.
5. The Government of Tamil Nadu rep by its Special Commissioner & Government Secretary, Social Welfare Department, Secretariat, Chennai ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for entire records from the 2nd respondent relating to the proposal of appointment of Anganwadi Workers in the Thiruvannamalai District as well as Thattarani Published on website on 1/4
09.08.2017 and quash the same and further direct the 2nd respondent to allocate the Thattaranai village under the ST category for the post of Anganwadi worker and further direct that the 2nd respondent to comply the order of the Secretary, SC/ST Welfare Department, Government of Tamil Nadu vide letter No.8702/Sa/Me1/2014-5 dated 27.08.2014 on the issuance of Malaikuravan (ST) Community Certificate and further direct that the 1st respondent to comply with the order of the Government of India, vide No.36011/1/2012-Estt.(Res.) issued by the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, Establishment Reservation-1 Section dated 14.03.2016 to the appointment of posts.
For petitioner ...
Mr.D.Padmanabhan For Respondents ...
Mr.V.Arun Addl.Advocate General Assisted by Mrs.C.Meera Arumugam Additional Govt.pleader For R.1 to R.4
O R D E R
The petitioner herein seeks for changing the priority of the Community in Thattaranai village, Thiruvannamalai District from SC category to ST category for the post of Anganwadi worker.
2/4
2. Changing of priority of Community is a policy decision to be taken by the Government. This Court, exercising its power under Article 226 of the Constitution of India, will not be empowered to take such policy decisions. Nevertheless, if the petitioner is granted liberty to approach the respondents to redress her grievance, ends of justice would be served.
3. The learned Additional Advocate General, on instructions, submitted that the post of Anganwadi Worker in Thattaranai village is yet to be filled up.
4. In view of the above observation, the petitioner is at liberty to give a representation to the first respondent to ventilate her grievance. On receipt of such representation, the first respondent shall consider and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
5. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 20.12.2022 Index: Yes/ No Speaking Order/Non-speaking Order sr 3/4
M.S.RAMESH,J., sr To
1. The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai.
2. The District Collector, District Collectorate, Thiruvannamalai, Thiruvannamalai District.
4. The Project Officer for Children Development, Thandarampet, Thandarampet Taluk, Thiruvannamalai District.
5. Special Commissioner & Government Secretary, Government of Tamil Nadu, Social Welfare Department, Secretariat, Chennai 20.12.2022 4/4