M.Poovitha v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.10.2020
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD) Nos.14659, 14703 & 14707 of 2020 and W.M.P.(MD) Nos.12370, 12372, 12375, 12377, 12378, 12380 & 12387 to 12389 of 2020 M.Poovitha : Petitioner in W.P.(MD) No.14659 of 2020 K.Tamilselvi : Petitioner in W.P.(MD) No.14703 of 2020 P.Shanthimani : Petitioner in W.P.(MD) No.14707 of 2020 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, Reddiyarchathiram Panchayat Union, Reddiyarchathiram, Dindigul District.
... Respondents in all W.Ps., COMMON PRAYER : Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call 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 direct the respondents to allow the petitioners' request transfer before effecting any direct recruitment of Noon Meal Organizers.
For Petitioner in all W.Ps., : Mr.L.Shaji Chellan For R1 & R2 in all W.Ps., : Mr.M.Jeyakumar Additional Government Pleader For R3 in all W.Ps., : Mr.M.Thilagar Government Advocate 1/3
COMMON ORDER 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 petitioners' request for transfer before effecting any direct recruitment of Noon Meal Organizers, the present writ petitions have been filed. 2.By consent of both parties, the writ petitions are taken up for final disposal at the stage of admission itself. 3.Though the writ petitions are 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 petitioners' request for transfer before effecting any direct recruitment of Noon Meal Organizers, the learned counsel appearing for the petitioners in the course of his argument, restricted the relief for issuing a direction to the respondents to consider and pass appropriate orders on the petitioners' representations, dated 09.09.2020, 15.09.2020 and 11.09.2020.
4.The learned counsel would further submit that after receiving the petitioners' representations, the 3rd respondent, by proceedings dated 11.09.2020 and 15.09.2020, 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 representations. 5.In reply, the learned Additional Government Pleader appearing for the respondents 1 and 2 would fairly submit that based on the recommendation made by the 3rd respondent, the petitioners'
representations dated 09.09.2020, 15.09.2020 and 11.09.2020 would be considered on merits and in accordance with law, within a period of three weeks.
6.Admittedly, the petitioners have made representations dated 09.09.2020, 15.09.2020 and 11.09.2020 before the 3rd respondent seeking to transfer and subsequently, the 3rd respondent, by proceedings dated 11.09.2020 and 15.09.2020, has forwarded the same to the 2nd respondent for passing further orders. Thus, this Court directs the 2nd respondent to dispose of the petitioners' representations dated 09.09.2020, 15.09.2020 and 11.09.2020 on merits and in accordance with law, based on the recommendation made by the 3rd respondent dated 11.09.2020 and 15.09.2020 and the proceedings of the 1st respondent in Na.Ka.No.11669/09/Sa.Oo.(Ni)1, dated 04.01.2010, within a period of three weeks from the date of receipt of a copy of this order.
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7.With the above direction, the Writ Petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) mm 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, Reddiyarchathiram Panchayat Union, Reddiyarchathiram, Dindigul District.
+1 CC to the SPL GP SR-20694.
+2 CC to Mr.L.SHAJI CHELLAN, Advocate SR-20843 & 20844. W.P.(MD) Nos.14659, 14703 & 14707 of 2020 28.10.2020 PM(CO) CS(10.11.2020) 3P 7C 3/3