R.Rathika v. The District Collecor

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.15315 of 2017 and W.M.P.Nos.16604 to 16606 of 2017 R.Rathika ... Petitioner vs.

1.The District Collector, Nagapattinam.

2.The Commissioner, Thalanayar Panchayat Union, Thalanayar, Vedaranyam, Nagapattinam District.

3.V.Anusiya

...Respondents

Prayer:

Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the 1st respondent in connection with his proceedings in Na.Ka.No.487/Sa.Vu.Thi/2016 dated 22.05.2017 appointing the 3rd respondent as Noon Meal Organizer and quash the same and consequently direct the respondents 1 and 2 to appoint the petitioner as Noon Meal Organizer in the vacancy or in any existing vacancies.

For Petitioner : Mrs.T.Aananthi For Respondents : Mr.I.Sathish, Additional Government Pleader for R1 & R2 R3 - No appearance

O R D E R

The petitioner is aggrieved against the appointment of the third respondent as Noon Meal Organizer. Consequently, she is seeking for a direction to the respondents 1 and 2 to appoint her as a Noon Meal Organizer in any one of the existing vacancies.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for respondents 1 and 2.

3.The petitioner is a widow. She passed +2. She applied for appointment to the post of Noon Meal Organizer. She also attended the interview. However, the petitioner was not selected and on the other hand, the third respondent was selected and appointed at Panchayat Union Elementary School, Oradiampulam.

4.The grievance of the petitioner before this Court is that in view of G.O.Ms.No.163, Social Welfare and Noon Meal Department dated 18.08.2010, 25% of the posts should be filled up by the widows and the petitioner being a widow ought to have been considered to the said post.

5. Though, this Writ Petition is filed challenging the appointment of the 3rd respondent, learned counsel for the petitioner fairly submitted that if the respondents 1 and 2 consider the case of the petitioner and appoint her in any other vacancies, she is not interested in disturbing the 3rd respondent.

6. Learned Additional Government Pleader, based on the instructions submitted that there are about 11 vacancies at the Thalaignayiru Panchayat Union and therefore, the petitioners' case will be considered in any one of these vacancies.

7. Considering the above stated facts and circumstances and in view of the submissions made by the learned Additional Government Pleader for respondents 1 and 2, this Writ Petition is disposed of by directing the respondents 1 and 2 to consider the name of the petitioner for appointment to the post of Noon Meal Organizer in the light of the G.O.Ms.No.163 dated 18.08.2010 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, miscellaneous petitions are closed.

Sd/-- Assistant Registrar(CS iii) //True Copy// Sub Assistant Registrar gsi/vsi

To 1.The District Collector, Nagapattinam.

2.The Commissioner, Thalanayar Panchayat Union, Thalanayar, Vedaranyam, Nagapattinam District.

+1cc to Mrs.T.Aananthi, Advocate SR.No. 84606 +1 CC TO GOVERNMENT PLEADER SR.NO. 86298 W.P. No.15315 of 2017 ASK(08/01/2019)