R. Pramu v. The District Collector

W.P.(MD)No.14488 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.14488 of 2014 R.Pramu ... Petitioner vs

1. The District Collector Tirunelveli District, Tirunelveli.

2. The Block Development Officer, Vasudevanalloor Panchayat Union, Tirunelveli District.

3. Tmt.M.Murugeshwari.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of first respondent in Na.Ka.No:Gna9/17511/2012, dated 01.07.2014 and quash the same as illegal and un-constitutional, consequently direct the first respondent to consider the name of the petitioner for the appointment of Noon Meal Organizer at Senai Thalaivar Primary School or any other suitable place for the petitioner within Vasidevanallor Panchayat Union.

For Petitioner : No appearance For Respondents : Mr.D.Sachikumar for R1 & R2 Additional Government Pleader No appearance for R3 *****

O R D E R

This Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of first respondent, dated 01.07.2014 and quash the same as illegal and un-constitutional, consequently direct the first respondent to consider the name of the petitioner for the appointment of Noon Meal Organizer at Senai Thalaivar Primary School or any other suitable place for the petitioner within Vasidevanallor Panchayat Union.

2. The petitioner has challenged the proceedings of the first respondent, dated 01.07.2014 and through the proceedings, dated 01.07.2014, the third respondent was appointed as Noon Meal Organizer at Senai Thalaivar Primary School. The first and second https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.14488 of 2014 respondents are represented by the Government Pleader where it has been submitted that the said post is allowed to Backward Community. The third respondent being a Backward Community is rightly appointed in the said post. The petitioner belongs to Most Backward Community (MBC), therefore, the petitioner has no right to challenge the appointment of the third respondent.

3. The petitioner and the third respondents are physically challenged and the allegation by the petitioner is the vertical rotation was not considered. But according to the first and second respondents, even the third respondent is physically challenged and vertical rotation was also considered. Thereafter, an appointment was issued to the third respondent and there is no infirmity in appointing the third respondent. Hence, this Court is of the considered view the writ petition deserves to be dismissed.

4. Hence, the Writ Petition is dismissed. No costs. Sd/- Deputy Registrar (Accounts) // True Copy // / /2022 Sub Assistant Registrar(CS) jbr 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 District Collector Tirunelveli District, Tirunelveli.

2. The Block Development Officer, Vasudevanalloor Panchayat Union, Tirunelveli District.

+1 CC to M/s.SPL.GP ( SR-3350[F] dated 01/02/2022 ) Order made in W.P.(MD)No.14488 of 2014 31.01.2022 PKP/25.02.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2