B.Radha, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :20.11.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No. 32100 of 2019 B. Radha ..Petitioner Vs
1. The District Collector, Krishnagiri District, Krishnagiri.
2.Appointing Authority/ Personal Assistant to District Collector (Nutrition) Krishnagiri District, Krishnagiri.
3.Block Development Officer, Bargur Panchayat Union, Bargur, Krishnagiri District.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to accommodate the petitioner as Noon Meal Organizer in any one of the available vacancies in Bargur Panchayat Union in Krishnagiri District by considering her representation dated 07.06.2019 within a reasonable period of time.
For Petitioner : M/s. C.Mahendran For Respondents : Mr.A.N. Thambidurai, SplGP - R1&R2 Mr. M. Jothikumar, AGP - R3
O R D E R
Writ Petition is filed for issuance of a Writ of Mandamus to direct the respondents to accommodate the petitioner as Noon Meal Organizer in any one of the available vacancies in Bargur Panchayat Union in Krishnagiri District by considering her representation dated 07.06.2019 within a reasonable period of time.
2. Heard both sides and perused the records. By consent, the writ petition is taken up for final disposal.
3. The case of the petitioner is that the petitioner was appointed as Noon Meal Organizer in Ampalli School situated in Barur Panchayat Union in Krishnagiri District and was ousted on 30.09.2004. Similarly placed persons have approached this Court in W.P. Nos.10345/2011 & 27644 of 2013 and based on the order of this court, they were reappointed and still working as Noon Meal Organizer. The petitioner has also approached this Court by filing writ petition in W.P. No. 18756 of 2014 and this Court by its order dated 17.02.2015 disposed the said writ petition by observing that the petitioner can participate in the next selection process and everything being equal, preference should be given to the petitioner taking into account her earlier service as Noon Meal Organiser. Based on the said directions of this Court, the petitioner has made representation dated 07.06.2019 to the respondents and till date, the same is pending without consideration. Challenging the same, the present writ petition is filed.
4. Learned counsel appearing for the petitioners has further submitted that it would suffice, if this Court issues direction to the respondents to consider and pass orders on the representation dated 07.06.2019 submitted by the Petitioner.
5. Considering the limited request made by the learned counsel appearing for the petitioner, this Court hereby directs the 2nd respondent to consider the representation dated 07.06.2019 made by the petitioner and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order by taking into account the reappointment of similarly placed persons and earlier service of the petitioner as Noon Meal Organiser.
6. The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar ak
To
1. The District Collector, Krishnagiri District, Krishnagiri.
2.Appointing Authority/ Personal Assistant to District Collector (Nutrition) Krishnagiri District, Krishnagiri.
3.Block Development Officer, Bargur Panchayat Union, Bargur, Krishnagiri District.
+1cc to Mr.C.Mahendran, Advocate SR.No.96781 +1cc to Government Pleader SR.No.97108 W.P.No.32100 of 2019 GMY(10/12/2019)