Madras High CourtWP(MD)/14504/2020disposed of

R.Shanthi v. The Commissioner,

2020-11-30Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.[MD]No.14504 of 2020 and W.M.P.[MD]Nos.12152 to 12154 of 2020 R.Shanthi ... Petitioner Vs.

1.The Commissioner, Social Welfare and Nutritious Meal Department, Panagal Building, Saidapet, Chennai 600 015.

2.The District Collector, Dindigul, Dindigul District.

3.The Commissioner, Sanarpatti Panchayat Union, Sanarpatti, Dindigul District.

... Respondents PRAYER : This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned notification issued by the second respondent through his proceedings in Na.Ka.No.1600/2020/Oo.Va.13 dated 25.09.2020, quash the same and consequently direct the respondents to allow the petitioner's request transfer before effecting any direct recruitment of Noon meal organizers.

For Petitioner : Mr.L.Shaji Chellan For Respondents : Mr.K.P.Narayanakumar Special Government Pleader

O R D E R

Challenging the impugned notification issued by the 2nd respondent in Na.Ka.No.1600/2020/Oo.Va 13, dated 25.09.2020 and for a direction to the respondents to consider the petitioner's request for transfer before effecting any direct recruitment of Noon Meal Organizers, the present writ petition has been filed. 2.By consent of both parties, the writ petition is taken up for final disposal at the stage of admission itself. 1/3

3.Though the writ petition is filed for a larger relief, seeking issuance of a Writ of Certiorari Mandamus, calling for the records pertaining to the impugned notification issued by the 2nd respondent through his proceedings in Na.Ka.No.1600/2020/Oo.Va 13, dated 25.09.2020, quash the same and consequently directing the respondents to consider the petitioner's request for transfer before effecting any direct recruitment of Noon Meal Organizers, the learned counsel appearing for the petitioner in the course of his argument, restricted the relief for issuing a direction to the respondents to consider and pass appropriate orders on the petitioner's application, dated 21.02.2019.

4.The learned counsel would further submit that after receiving the petitioner's application, the 3rd respondent has forwarded the same to the 2nd respondent for passing appropriate orders and that the learned counsel prays this Court that a direction may be issued to the 2nd respondent to dispose of the said application. 5.In reply, the learned Special Government Pleader appearing for the respondents would fairly submit that based on the recommendation made by the 3rd respondent, the petitioner's application dated 21.02.2019 would be considered on merits and in accordance with law, within a period of three weeks. 6.Admittedly, the petitioner has made an application dated 21.02.2019 before the 3rd respondent seeking to transfer and subsequently, the 3rd respondent has forwarded the same to the 2nd respondent for passing further orders.

Thus, this Court directs the 2nd respondent to dispose of the petitioner's application dated 21.02.2019 on merits and in accordance with law, based on the recommendation made by the 3rd respondent and the proceedings of the 1st respondent in Na.Ka.No.11869/09/Sa.U.Thi(Ni)1, dated 04.01.2010, within a period of three weeks from the date of receipt of a copy of this order.

7.With the above direction, the Writ Petition stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) cp 2/3

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:- 1.The Commissioner, Social Welfare and Nutritious Meal Department, Panagal Building, Saidapet, Chennai 600 015.

2.The District Collector, Dindigul, Dindigul District.

3.The Commissioner, Sanarpatti Panchayat Union, Sanarpatti, Dindigul District.

W.P.[MD]No.14504 of 2020 30.11.2020 (PU)CO AP(08/01/2021) 3P 4C 3/3