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Madras High CourtWP(MD)/2764/2021closed

Rajazhaki v. The Govt. Of Tamil Nadu

2024-04-02Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.2258 of 2021 Rajazhahi

...Petitioner

Vs.

1.The Government of Tamilnadu, Rep. by its Secretary, Adi Dravidar Welfare Department, Secretariat, Chennai.

2.The District Collector, Trichy District, Trichy.

3.District Adi Dravidar Welfare Officer, District Adi Dravidar Welfare Office, Trichy District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to consider the petitioner for appointment to the post of Cook in Trichy District. 1/6

For Petitioner : M/s.S.Sureka, For Mr.R.Venkatesan For Respondents : Mr.D.Gandhi Raj, Special Government Pleader

ORDER

The present writ petition has been filed seeking direction to the respondents to consider the petitioner for appointment to the post of Cook in Trichy District within a stipulated period of time.

2. The brief facts which are necessary for the disposal of this Writ Petition is as follows:- The petitioner is a destitute widow belonging to scheduled caste community. Pursuant to the advertisement published in the daily newspaper on 19.09.2020 for the post of 134 Cooks in Trichy District, the petitioner made an application for selection to the post of Cook before the 3rd respondent, annexing her destitute widow certificate and other necessary documents. On receipt of the same, her application was given with serial No.30 and further she was called for to attend interview on 29.12.2020 at Kalaiarangam Marriage Hall, 2/6

Trichy. Responding to the same, the petitioner duly attended the interview on 29.12.2020. However, subsequent to the same, no appointment order issued so far. Hence, she made a representation on 01.12.2021 to consider her, for appointment. Since the same was not considered by the respondents, the present writ petition came to be filed.

3. The learned Counsel appearing for the petitioner submitted that the petitioner is a destitute widow with one child leading a life under penurious conditions. Elaborating the petitioner's poor background, the learned counsel appearing for the petitioner insisted for considering the petitioner's representation dated 01.12.2021 and further directing the respondents to issue appointment order in favour of the petitioner and pressed for allowing the writ

4. Per contra, 3rd respondent has filed a counter and the learned Special Government Pleader appearing for the respondents submitted that pursuant to the advertisement for total number of 135 posts of Cook in Trichy District inviting applications on 19.09.2020, a total number of 1793 applications were 3/6

received by the 3rd respondent office, and additional 417 applications were also received through the employment office, making the total number of applications as to 2210. Following which, interview was conducted from 28.12.2020 to 31.12.2020. A total number of 1569 candidates participated in the selection process, of which 103 were destitute widows including the petitioner. However, on the basis of merit, ability, suitability and reservation, selected candidates were declared, of which, 6 destitute widow were selected and the petitioner did not fell within the zone of consideration. The entire selection process has been completed and pressed for dismissal of the writ

5. Heard, the learned Counsels on either sides. Carefully perused the materials available on record.

6. Recording the submissions made by the learned Special Government Pleader that the selection process itself has been completed by selecting 6 destitute widows. Considering the fact that the petitioner failed to come within the zone of consideration in the selection process and considering the selection 4/6

process itself has been completed, nothing survives for adjudication in this writ

7. Accordingly, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is closed.

02.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Government of Tamilnadu, Rep. by its Secretary, Adi Dravidar Welfare Department, Secretariat, Chennai.

2.The District Collector, Trichy District, Trichy.

3.District Adi Dravidar Welfare Officer, District Adi Dravidar Welfare Office, Trichy District.

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L.VICTORIA GOWRI, J.

Sml 02.04.2024 6/6