Latha, W/O.Marimuthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2016 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Writ Petition (MD) No.5713 of 2016 Latha ... Petitioner Vs.

1.The District Collector, Pudukottai District, Pudukottai.

2.The Personal Assistant to Collector, (Noon Meals Scheme), Collectorate Office, Pudukottai, Pudukottai District.

3.The Commissioner, Manamelkudi Panchayat Union, Pudukottai District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st Respondent to consider the petitioners representation dated 14.11.2015 and thereby promote the Petitioner as Noon Meal Organizer in any of the existing vacancies in the Pudukkottai District.

For Petitioner : Mr.D.Shanmugarajasethupathi For Respondents : Mr.G.Muthukannan 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 first respondent to consider her representation dated 14.11.2015 and thereby promote her to the post of Noon Meal Organizer in any of the existing vacancies in Pudukkottai District. 2.Heard the learned counsel for the petitioner. Mr.G.Muthukannan, learned Government Advocate takes notice for the respondents.

3.According to the petitioner, she was appointed as Cook in Kumarappanvayal Panchayat Union Elementary School by the third respondent during 2000 and she has been serving as cook till today. As there are vacancies to the post of Noon Meal Organiser in Pudukottai District and the next promotion due to the petitioner is Noon Meal Organiser, she has made a representation https://hcservices.ecourts.gov.in/hcservices/

on 14.11.2015 to consider her case for promotion as per the seniority.

4.Learned Government Advocate submits that as per G.O.Ms.No.3, Social Welfare and Nutrition Planning Department, dated 07.01.2016, the cooks who are already working are entitled to promotion as Noon Meal Organisers subject to their seniority. It is further submitted that in view of the code of conduct announced for the ensuing election, they are not in a position to take steps in this regard.

5.In view of the above, the first respondent is directed to consider the representation of the petitioner dated 14.11.2015 in light of the Government Order in G.O.Ms.No.3, Social Welfare and Nutrition Planning Department, dated 07.01.2016 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6.With the above direction, the writ petition is disposed of.

Sd/ Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Pudukottai District, Pudukottai.

2.The Personal Assistant to Collector, (Noon Meals Scheme), Collectorate Office, Pudukottai, Pudukottai District.

3.The Commissioner, Manamelkudi Panchayat Union, Pudukottai District.

+1cc to M/s.D.Shanmugaraja Sethupathi, Advocate SR.No. 16961 CN/AN-MP/4.4.2016/2P-5C Writ Petition (MD) No.5713 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 23.03.2016