Mary Jeya Packiathai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Mary Jeya Packiathai ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Commissioner, Tirunelveli Corporation, Tirunelveli.

3.The Principal, Rani Anna Corporation Girls Higher Secondary School, Pettai, Tirunelveli District. ... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to appoint a Cook in the sanctioned post and also appoint a female Organizer instead of male Organizer in the Noon Meal Centre of the third respondent School based on the petitioner's representation dated 02.02.2023. 1/6

For Petitioner : Mr.S.Sukumar For Respondents : Mr.G.V.Vairom Santhosh Additional Government Pleader for R1 Mr.S.P.Maharajan Special Government Pleader for R2 and R3

O R D E R

This Writ Petition has been filed for a direction to the respondents to appoint a Cook in the sanctioned post and also appoint a female Organizer instead of male Organizer in the Noon Meal Centre of the third respondent School based on the petitioner's representation dated 02.02.2023.

2. The case of the petitioner is that on 11.03.2017, the petitioner was appointed as Cook Assistant in the Noon Meal Center of the third respondent School. As per the Department Rule, Noon Meal Centre has three sanctioned posts such as Noon Meal Organizer, Cook and Cook Assistant and only women are employed in Noon Meal Centre. From the 2/6

appointment of the petitioner, no Cook has been appointed in the third respondent School, except one Female Organizer. Further, the female Organizer was transferred to some other school and one male Organizer has been appointed in the place of women Organizer in the third respondent School. Since there is no Cook appointed in the third respondent School, the petitioner has faced so many difficulties in the work. Hence, on 02.02.2023, the petitioner has made a representation to the respondents to appoint a Cook in the Noon Meal Centre of the third respondent School and to appoint a female Organizer instead of male Organizer. However, the same has not been considered. Therefore, the petitioner has filed the present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the first respondent is directed to dispose of the representation of the petitioner, dated 02.02.2023, on merits and in accordance with law, within a specified period. 3/6

4. The learned Additional Government Pleader appearing for the first respondent and the learned Special Government Pleader for the respondents 2 and 3 have no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the first respondent to consider the petitioner's representation, dated 02.02.2023 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

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To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Commissioner, Tirunelveli Corporation, Tirunelveli.

3.The Principal, Rani Anna Corporation Girls Higher Secondary School, Pettai, Tirunelveli District.

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M.DHANDAPANI,J.

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