Mary Jeyapackiathai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.7056 of 2023 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.

4.Madhavan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the 1st respondent passed in his proceeding in Na.Ka.No.Nu9/4848/2923 1/4

dated 20.03.2023 and quash the same as illegal and consequently direct the respondents 1 and 2 to appoint a female Organizer in the place of 4th respondent in the 3rd respondent school and also appoint a Cook in the Noon Meal Centre of the 3rd respondent school as per the ratio allotted to the 3rd respondent school in the sanctioned post. For Petitioner : Mr.S.Sukumar For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R1.

Mr.S.P.Maharajan, Standing Counsel for R2.

No appearance for R3 & R4.

ORDER

Heard the learned counsel on either side.

2.The petitioner is presently employed as Cook Assistant in the third respondent Noon Meal Center. The petitioner is a widow having three children. The case of the petitioner is that the petitioner has to cater to as many as 496 children. I can take judicial notice of the fact that it is impossible for a single individual to cater to the needs of such a large number of children. There is abundant justification in the petitioner's 2/4

request that a female cook should be appointed. It appears that at present a male noon meal organizer has been appointed. It appears that there are three organizers posts ie., Noon Meal Organizer, Cook and Cook Assistant. The first respondent is directed to appoint a female cook for the third respondent noon meal center as expeditiously as possible. 3.This writ petition is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed. 27.04.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

The District Collector, Tirunelveli District, Tirunelveli.

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G.R.SWAMINATHAN, J.

ias 27.04.2023 4/4