Mallika v. The Principal Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY Mallika ... Petitioner Vs.
1. The Principal Secretary, Agri Production Commissioner, Department of Agriculture, Government of Tamil Nadu, Secretariat, Chennai - 600 009.
2.The Chief Executive Officer, Tamil Nadu Water Shed Development Agency, Doncop Building, 55, Thiru. Vi. Ka Nagar, SIDCO, Ekkattuthangal,Chennai - 600 032.
3.The District Collector / Head Chairman, Collectorate, Madurai,Madurai District.
4.The Project Director, Deputy Director of Agriculture, District Water Shed Development Agency, Tallakulam, Madurai - 625 002.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents especially 3rd and 4th respondents to appoint the petitioner in the upcoming scheme for the post of Water Shed Development Team (WDT) Sociologist in Madurai District or any other suitable post on the basis of her good service record based on her representation dated 17.09.2020.
For Petitioner : Mr. S. Sivakumar For 3rd respondent : Mr. N. Shanmugaselvan Additional Government Pleader
ORDER
This Writ Petition has been filed for issuance of a Writ of Mandamus directing to the respondent Nos. 3 and 4, to appoint the petitioner in the upcoming scheme, for the post of Water Shed Development Team (WDT) Sociologist in Madurai District or any other suitable posts, on the basis of her good service record, based on her representation, dated 17.09.2020.
1/3
2. The grievance of the petitioner is that she had joined in the 3rd respondent office as WDT (Water Shed Development Team) Sociologist on 19.01.2012 with the monthly salary of Rs.4,500/- and the annual increment of Rs. 1,000/-. So, as on April 2017, she had received a sum of Rs.11,500/- per month, as salary. In the said circumstances, the 4th respondent stating that initially there were 23 persons working in the scheme and thereafter, the said strength has been reduced to 17 as per the guidance of the Director, Water Shed Development Team, ousted her from service on 31.05.2017.
3. In the circumstances, the petitioner came to know that in the month of October 2020, a new scheme is proposed to be started by the respondents. Therefore, she gave a representation on 17.09.2020, to consider her, if there is any new scheme started by the respondents. However, the said representation has not been considered by the respondents so far. Hence, she has filed the present Writ Petition for the relief stated Supra.
4. Mr. N. Shanmugaselvan, learned Additional Government Pleader appearing for the third respondent would submit that the 3rd respondent would consider the petitioner's representation, dated 17.09.2020, on merits and in accordance with law, if the new scheme is started.
5. Recording the said submission made by the learned counsel appearing on either side, this Court directs the 3rd respondent to consider the representation of the petitioner, dated 17.09.2020, after taking into consideration of her previous five years experience, on merits and in accordance with law, in case, if there is any new scheme started by them.
6. With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS) // True Copy // / /2020 Sub Assistant Registrar(CS) trp 2/3
To
1. The Principal Secretary, Agri Production Commissioner, Department of Agriculture, Government of Tamil Nadu, Secretariat, Chennai - 600 009.
2.The Chief Executive Officer, Tamil Nadu Water Shed Development Agency, Doncop Building, 55, Thiru. Vi. Ka Nagar, SIDCO, Ekkattuthangal,Chennai - 600 032.
3.The District Collector / Head Chairman, Collectorate, Madurai, Madurai District.
4.The Project Director, Deputy Director of Agriculture, District Water Shed Development Agency, Tallakulam, Madurai - 625 002.
+1 CC to M/s.S.SIVA KUMAR, Advocate ( SR-20686[F] dated 29/10/2020 ) 28.10.2020 CK(CO) TR(06.11.2020) 3P 6C 3/3