Madras High CourtWP(MD)/10308/2015dismissed

Harijan Primary School, v. The District Collector,

2019-06-20Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.10308 of 2015 Harijan Primary School Kalakudi, Maanoor Tirunelveli District-627 201 through its Secretary S.Rajasekaran ... Petitioner vs.

1. The District Collector Tirunelveli District

2. The Personal Assistant to Collector of Tirunelveli Noon Meal Scheme, Tirunelveli

3. The Commissioner of Panchayat Union Maanor Panchayat Union Tirunelveli District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents to approve Mrs.Fathima Rani, W/o.Muthu Pandi as Noon Meal Cook in the petitioner school namely Harijan Primary School, Kalakudi, Mannoor, Tirunelveli District as per representation 03.02.2015 with all benefits from the date of the appointment dated 03.02.2015 as per the Judgment reported in 2008 (1) MLJ Page 726.

For Petitioner :

Mr.K.K.Kannan For Respondents :

Mr.D.Muruganantham Additional Government Pleader

O R D E R

The relief sought for in the present writ petition is to direct the respondents to approve the appointment of Mrs.Fathima Rani, wife of Muthu Pandi, in the post of Noon Meal Cook in the petitioner's School as per the representation, dated 03.02.2015.

2. The writ petitioner / School is a Harijan Primary School. It claims that the post of Noon Meal Cook is vacant on account of the retirement of Mrs.P.Hansha on 31.01.2015. In the said vacancy, one Smt.Fathima Rani, wife of Muthu Pandi, is engaged to continue the work of Noon Meal Cook. Thus, the writ petitioner / School filed the present writ petition seeking approval for the appointment of Smt.Fathima Rani, in the post of Noon Meal Cook, made by them.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned Additional Government Pleader appearing on behalf of the respondents states that the writ petitioner / School is an Aided School. They are not empowered to appoint or fill up the post of Noon Meal Cook. The said post is to be filled up by the Personal Assistant to the District Collector concerned under the Noon Meal Scheme. Noon Meal Scheme in the Schools is maintained by the Government and the Scheme is noway connected with the Aided Schools. Thus, the appointment to the Noon Meal Cook is to be made by the Personal Assistant to the District Collector and the post of Noon Meal Organizer is to be filed up by the District Collector concerned. In this regard, the learned Additional Government Pleader produced a Government Order in G.O. (Ms) No.4, Social Welfare and Nutritious Meal Programme (SW2) Department, dated 06.01.2011.

As per the said Government Order, Personal Assistant to the District Collector concerned is the competent authority to appoint candidates in the post of Noon Meal Cook. This being the factum, the appointment made, if any, by the Schools in the post of Noon Meal Cook cannot be approved.

4. Accordingly, the writ petition is devoid of merits and it is dismissed. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS ) krk To:

1. The District Collector, Tirunelveli District.

2. The Personal Assistant to Collector of Tirunelveli, Noon Meal Scheme, Tirunelveli.

3. The Commissioner of Panchayat Union, Maanor Panchayat Union, Tirunelveli District. +1cc to M/S. K.K.KANNAN,Advocate, Sr.No.70414 +1cc to M/S SPECIAL GOVERNMENT PLEADER, Sr.No. 70654 W.P.(MD) No.10308 of 2015 20.06.2019 https://hcservices.ecourts.gov.in/hcservices/ BUC(27/06/2019)2P/6C