Menaga, W/O Karuppiah, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.20058 of 2013 Menaga ... Petitioner Vs.
1.The District Collector, Collectorate, Sivagangai.
2.The Commissioner, Sakkottai Panchayat Union, Karaikudi Taluk, Sivagangai District.
3.The Taluk Supply Officer, Karailudi, Sivagangai District.
4.Pandimeenal ... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order of the first respondent in his proceedings in Na.Ka.R4/12860/12 dated 07.11.2013 and quash the same as illegal consequently directing the first respondent to appoint the petitioner as Noon Meal Organizer of Mithravayal Elementary School.
For Petitioner : Mr.K.Baalasundharam For R1 & R3 : Mr.K.Mu.Muthu Additional Government Pleader For R2 : No appearance For R4 : Mr.B.Vinoth Kumar
ORDER
The order of appointment issued in favour of the fourth respondent in proceeding dated 07.11.2013 appointing the fourth respondent as Noon Meal Organizer in Mithravayal Elementary School, is under challenge in the present writ petition. 2.The writ petitioner participated in the process of interview conducted for appointment to the post of Noon Meal Organizer. The learned counsel for the writ petitioner mainly contended that the writ petitioner is very much residing nearby the school and the fourth respondent, who was residing for away from the school, was https://hcservices.ecourts.gov.in/hcservices/
appointed in violation of the Government Guidelines issued for the purpose of appointing the Noon Meal Organizer. Thus, the Government Orders were violated.
3.The learned Additional Government Pleader states that as per the declaration and certificate, the fourth respondent also is residing in the same village and the competent authorities verified the facts and thereafter, issued the order of appointment. Thus, there is no infirmity in respect of the impugned order of appointment in favour of the fourth respondent. 4.May that it be, the fourth respondent was appointed as Noon Meal Organizer in the year 2013 and she is now working for more than six years in the said post. The issues are settled and the writ petitioner is also aged about 36 years as of now. Under these circumstances, this Court is not inclined to unsettle the settled issue and the distance factor is concerned, the same cannot be now considered after at this length of time.
5.With these observation, this writ petition stands dismissed. No costs.
Sd/- Assistant Registrar (A.S) // True Copy // Sub Assistant Registrar(CS ) To 1.The District Collector, Collectorate, Sivagangai.
2.The Commissioner, Sakkottai Panchayat Union, Karaikudi Taluk, Sivagangai District.
3.The Taluk Supply Officer, Karailudi, Sivagangai District.
+1 CC to M/s.K.BAALASUNDHARAM, Advocate SR-80507. +1 CC to SPL GP SR-80626.
W.P.(MD)No.20058 of 2013 07.08.2019 CS(12.09.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/