Madras High CourtWP(MD)/2605/2016disposed of

Mallika, W/O.Mathiazhagan, v. The State Of Tamil Nadu,

2016-02-11Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2016 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Writ Petition (MD) No.2605 of 2016 and W.M.P(MD)Nos.2310 and 2311 of 2016 Mallika ... Petitioner Vs.

1.The State of Tamil Nadu, represented by its Secretary, Social Welfare Department and Mid-day Meals, Fort St., George, Chennai 600 009.

2.The Commissioner, Social Welfare Department, Chennai.

3.The District Collector, Trichirappalli.

4.The Panchayat Union Commissioner, Uppiliyapuram, Thuraiyur Taluk, Trichy District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner for the promotion to the post of Cook from that of the Assistant to the Cook in the light of the G.O.Ms.No.125 Social Welfare Department and Mid-day meals Scheme dated 4.9.2008 and also G.O.Ms.No.163 Social Welfare Department and Mid-day meals Scheme dated 18.8.2010.

For Petitioner : Mr.V.Singan For Respondents : Mr.K.P.Krishnadoss, Government Advocate

ORDER

The petitioner has come up with the above writ petition seeking for the issue of a writ of mandamus to direct the respondents to consider the case of the petitioner for promotion to the post of Cook from that of the Assistant to the Cook in the light of the Government Orders in G.O.Ms.No.125, Social Welfare Department and Mid-day Meals Scheme, dated 04.09.2008 and G.O.Ms.No.163, Social Welfare Department and Mid-day Meals Scheme, dated 18.8.2010.

2.Heard the learned counsel appearing for the petitioner. Mr.K.P.Krishnadoss, learned Government Advocate takes notice for the respondents.

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3.Learned counsel appearing for the petitioners and the learned Government Advocate appearing for the respondents submitted that the issue raised in this writ petition is covered by an unreported decision of this Court in Venkattamma and others Vs.The Government of Tamil Nadu made in W.P.No.22255 of 2012, dated 23.08.2012. 4.Following the same, the respondents are directed to consider the case of the petitioner for the promotion to the post of Cook, if the petitioner is complied with the norms prescribed in G.O.Ms.No.125, Social Welfare Department and Mid-day Meals Scheme, dated 04.09.2008 and G.O.Ms.No.163, Social Welfare Department and Mid-day Meals Scheme, dated 18.08.2010.

The petitioner is directed to submit her application before the authorities concerned within a period of two weeks from the date of receipt of a copy of this order. On receipt of such application, the authorities concerned shall pass appropriate orders, on merits and in accordance with law, within a period of eight weeks thereafter. 5.The writ petition is accordingly disposed of. No costs. Consequently, W.M.P(MD)Nos.2310 and 2311 of 2016 are closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar.

To 1.The Secretary to Government The State of Tamil Nadu, Social Welfare Department and Mid-day Meals, Fort St., George, Chennai 600 009.

2.The Commissioner, Social Welfare Department, Chennai.

3.The District Collector, Trichirappalli.

4.The Panchayat Union Commissioner, Uppiliyapuram, Thuraiyur Taluk, Trichy District.

Writ Petition (MD) No.2605 of 2016 11.02.2016 https://hcservices.ecourts.gov.in/hcservices/ AM/12.02.2016/JGB.DP/SAR-I/2P/5C