M.Savitha Saraswathy v. The Vice Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2025
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA M.Savitha Saraswathy
...Petitioner
Vs.
1.
The Vice Chairman, Chennai Metropolitan Development Authority(CMDA), Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2.
The Member Secretary.
Chennai Metropolitan Development Authority(CMDA), Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent No.1 to forthwith consider and dispose of the petitioner's statutory appeal dated 17.07.2025 within a time frame fixed by this Hon'ble Court, after affording her a fair hearing.
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For Petitioner : Mr.K.Shahul Hameed For Respondents : Mr.V.Sudalai Selvan, Standing Counsel
ORDER
This Writ petition has been filed seeking to direct the 1st respondent to forthwith consider and dispose of the petitioner's statutory appeal dated 17.07.2025, after affording her a fair hearing.
2. Mr.V.Sudalai Selvan, learned Standing Counsel takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, this Writ petition is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that she is a 44 years old destitute widow belonging to the Scheduled Caste (Adi Dravidar) community. The petitioner applied for the post of Messenger, in response to the recruitment notification dated 08.02.2020, since she was only 39 years old at the time of application and was well within the permissible upper age limit of 40 years prescribed for SC candidates and destitute widows under Government 2/6
norms. After due verification, the petitioner was appointed to the post of Messenger on 24.02.2021. While so, after serving continuously and diligently for a period of eight months, a notice was issued to her alleging that she had exceeded the age limit by 4 years and 23 days. Despite her detailed explanation and repeated representations pointing out her eligibility and entitlement to relaxation, her services was terminated, by order dated 31.01.2023, along with nine others. Aggrieved by the same, the petitioner filed a writ petition before this Court in W.P.No.22751 of 2025 and this Court, vide order dated 25.06.2025 dismissed the said writ petition with a liberty to the petitioner to approach the Appellate Authority. In compliance with the said order of this Court, the petitioner preferred an appeal before the 1st respondent on 17.07.2025. However, till date, no orders have been passed on the said appeal. Hence, the petitioner has filed this Writ petition.
4. Though very many grounds have been raised, the learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the 1st respondent to consider the appeal dated 17.07.2025 filed by the petitioner and dispose of the same as expeditiously as possible. 3/6
5. On the above said contentions, this Court, heard Mr.V.Sudalai Selvan, learned Standing Counsel appearing on behalf of the respondents and perused the materials available on record.
6. Considering the limited request made by the learned counsel for the petitioner, this Court without going into the merits of the case, directs the 1st respondent to consider the appeal dated 17.07.2025 filed by the petitioner on merits and in accordance with law and pass appropriate orders within a period of six (6) weeks from the date of receipt of a copy of this order, after hearing the petitioner and aggrieved persons, if any.
7. With the above directions, this Writ petition stands disposed of. There shall be no order as to costs.
11.09.2025 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No 4/6
To:
1.
The Vice Chairman, Chennai Metropolitan Development Authority(CMDA), Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2.
The Member Secretary.
Chennai Metropolitan Development Authority(CMDA), Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
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A.D.JAGADISH CHANDIRA, J.
skt 11.09.2025 6/6