P.Rajeswari, W/O.Pandian, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.17912 of 2017 and W.M.P.(MD).Nos.14429 & 14430 of 2017 1.P.Rajeswari 2.C.Revathi 3.P.Mahalakshmi 4.B.Ezhilarasi 5.C.Muthuelukkumi 6.T.Amutha 7.K.Nirmala ... Petitioners -vs1. The District Collector, Thanjavur District, Thanjavur.
2. The District Programme Officer, Integrated Child Development Services, Collector's Office Compound, Thanjavur.
3. The Taluk Project Officer, Integrated Child Development Services, Orthanadu Taluk Scheme, Orathanadu, Thanjavur District.
4. The Principal Secretary to Government, Social Welfare and Nutritious Meal Programme, (SW7) Department, Government of Tamil Nadu, St.George Fort, Chennai-600 009.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records connected with the impugned Notification dated 07.08.2017 issued by the third respondent and his further proceedings and quash the same and further direct the first respondent to issue orders promoting the petitioners on the date of completion of ten years of service i.e. 10.01.2017 retrospectively with all attendant benefits thereon in the existing vacancies of 25% out of 35 posts in Orathanadu Taluk.
For Petitioners : Mr.N.sekar for law square For Respondents : Mr.D.Muruganantham Additional Government Pleader
O R D E R
By consent of both sides, this writ petition itself is taken up for final disposal.
2.The petitioners have come to this Court seeking a Writ of Certiorarified Mandamus, calling for the records connected with the impugned Notification dated 07.08.2017 issued by the third respondent and his further proceedings and quash the same and further direct the first respondent to issue orders promoting the petitioners on the date of completion of ten years of service i.e. 10.01.2017 retrospectively with all attendant benefits thereon in the existing vacancies of 25% out of 35 posts in Orathanadu Taluk. 3.The learned counsel for the petitioners would submit that all the petitioners were appointed as Anganwadi Helpers as on 10.01.2007 and they have been allowed to continue. Accordingly, they have been serving to the utmost satisfaction of all their superior officers.
While so, they have completed ten years of service in the month of January, 2017, which gives them right to claim promotion to the post of Anganwadi Workers. Hence, when the petitioners become eligible for the said promotional post, the respondents have wrongly issued the impugned notification calling for eligible candidates for the said post. Therefore, the petitioners have come to this Court with the present writ petition seeking a direction to the respondents to consider the case of the petitioners and in the meanwhile, they plead that the impugned proceedings may be kept in abeyance.
4.The learned Additional Government Pleader, appearing for the respondents would submit that although, the notification had been issued by the respondents, the petitioners are also going to be considered and their certificates have been received for verification. He further submitted that if the petitioners are found eligible, they will be considered.
5.Since, the respondents have received the certificates of the petitioners for verification, this Court does not find any merit to entertain this writ petition. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar
To
1. The District Collector, Thanjavur District, Thanjavur.
2. The District Programme Officer, Integrated Child Development Services, Collector's Office Compound, Thanjavur.
3. The Taluk Project Officer, Integrated Child Development Services, Orthanadu Taluk Scheme, Orathanadu, Thanjavur District.
4. The Principal Secretary to Government, Social Welfare and Nutritious Meal Programme, (SW7) Department, Government of Tamil Nadu, St.George Fort, Chennai-600 009.
+1cc to M/S. N.SEKAR, Advocate, SR.No.80112.
+1cc to Special Government Pleader, SR.No.80955. W.P.(MD)No.17912 of 2017 21.09.2017 MR/MRN SDS/SV:MMS/SAR 2/23.10.2017/3P/7C