P.Sasikala, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. Nos. 31272 and 31273 of 2017 P.Sasikala ... Petitioner -vs1. The District Collector, Villupuram District, Villupuram.

2. The Project Officer, Integrated Child Development Services, Villupuram District, Villupuram.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, calling for the entire records relating to the notification Na.Ka.No. 1958/A1/2017 dated 10.08.2017 on the file of the Second Respondent herein and quash the same.

For Petitioner :

Mr. V.Suguna For Respondents :

Mr. V.Arun, Additional Advocate General assisted by Mr. R.Kumaravel, Additional Government Pleader 1/5

O R D E R

Heard Mr. V.Suguna, Learned Counsel for the Petitioner, Mr. V.Arun, Learned Additional Advocate General assisted by Mr. R.Kumaravel, Learned Additional Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The grievance ventilated by the Petitioner is that the reservation has been provided for widows and differently abled persons in filling up the post of Noon Meal Organizers in Noon Meal Centres in G.O. Ms. No. 163, Social Welfare and Nutritious Meal Program Department dated 18.08.2010 issued by the Government of Tamil Nadu, but no such benefit has been extended in filling up the post of Anganwadi Workers in the notification Na. Ka. No. 1958/A1/2017 dated 10.08.2017 issued by the Second Respondent. 3.

Learned Additional Advocate General appearing for the Respondents points out that appointment to the post of Anganwadi Workers is governed by 2/5

G.O. Ms. No. 110, Social Welfare and Nutritious Meal Programme (SW7) Department dated 14.05.2012 issued by the Government of Tamil Nadu which does not contain any reservation for widows and physically disabled persons in filling up the post of Anganwadi Workers and as such, the Petitioner cannot claim any right of reservation relying upon such enabling provision in another Governmental Order relating to Noon Meal Centres which does not apply to filling up the post of Anganwadi Workers, as in this case. That apart, it has been pointed out that in terms of G.O. Ms. No. 110, Social Welfare and Nutritious Meal Programme (SW7) Department dated 14.05.

2012 issued by the Government of Tamil Nadu, appointment of Anganwadi Workers had to be made from the persons belonging to the same hamlet, but the Petitioner, who does not reside in Kovilpuraiyur where the Anganwadi Centre is located, could not be considered for appointment to that post. It is also asserted that one Bhuvaneshwari, who belongs to the same hamlet and possessed the qualification for appointment, was selected to the said post and there is no infirmity in that regard. In such circumstances, the Petitioner cannot be entitled to the relief claimed by her in the Writ Petition.

4.

In fine, the Writ Petition is dismissed. Consequently, the connected Miscellaneous Petitions are closed. No costs. 14.07.2022 skr Index: Yes/No Note: Issue order copy by 27.10.2022.

To

1. The District Collector, Villupuram District, Villupuram.

2. The Project Officer, Integrated Child Development Services, Villupuram District, Villupuram.

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P.D. AUDIKESAVALU, J.

skr 14.07.2022 5/5