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Madras High CourtWP(MD)/10311/2018disposed of

P.Sumathi v. The Secretary To The

2023-02-24Honourable Mr Justice M.Dhandapani7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD)No.9332 of 2018 P.Sumathi ... Petitioner Vs.

1.The Secretary to the Government of Tamilnadu, Finance Department, Fort St. George, Chennai - 600 009.

2.The Secretary to the Government of Tamilnadu, Rural Development and Panchayatraj Department, Fort St. George, Chennai - 600 009.

3.Tamilnadu Pudhu Vazhvu Society, Rep. by its Member Secretary / Project Director, Pudhu Vazhu Project, Annai Therasa Magalir Valagam, Valluvar Kottam High Road, Nungambakkam, Chennai - 600034.

4.Tamilnadu Rural Transformation Project, Department of Rural Development & panchayatraj, (Government of Tamil Nadu Rep. by its Project Director), 2nd Floor, Mother Therasa Complex, Nungambakkam, Chennai - 600 034.

5.The District Collector District Pudhu Vazhvu Society, Theni District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records relating with the third respondent's notification in file No.008/TNRTP/2018 and file No.008A/TNRTP/2018 dated 14.02.2018 and quash the same as it is illegal and in consequence to appoint the petitioner as an Assistant Project Manager or in a equivalent suitable post in the new projects or in the 55 posts of Assistant Project Officer in Tamilnadu State Rural Livelihood Mission (TNSLRM), 61 posts in the National Urban Livelihood Mission (NULM) and 20 posts in the Deed Dayal Upadhya Grameen Kausalya Yojana (DDU-GKY) which are still vacant and unutilized as on today.

For Petitioner : Mr.R.Suriyanarayanan For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader

O R D E R

This Writ Petition has been filed to quash the third respondent's notification in file No.008/TNRTP/2018 and file No.008A/TNRTP/2018 dated 14.02.2018 and in consequence to appoint the petitioner as an Assistant Project Manager or in a equivalent suitable post in the new projects or in the 55 posts of Assistant Project Officer in Tamilnadu State Rural Livelihood Mission (TNSLRM), 61 posts in the National Urban Livelihood Mission (NULM) and 20 posts in the Deed Dayal Upadhya Grameen Kausalya Yojana (DDU-GKY) which are still vacant and unutilized as on today.

2. The case of the petitioner is that the Government of Tamil Nadu has introduced a project work for reducing the poverty among the rural poor

and other vulnerable groups, for which, the petitioner was appointed as a Team Leader at Abiramam Project Facilitation Team on 08.06.2009 and again on 22.06.2011 she was appointed as a Team Leader with District Vazhndu Kattuvom Project. Thereafter she was appointed as a Assistant Project Manager in Pudhu Vazhvu Project, Tuticorin from 05.08.2013 to 30.11.2014 and then in Theni, from 01.12.2014 to 30.06.2017 under the fifth respondent. Based on the Scheme, the petitioner was appointed to various Districts. However, all of a sudden, the third respondent had issued the impugned notification for recruitment of 39 senior cadre staffs and 578 other project staffs. Challenging the same, the present writ petition is filed.

3. However, the learned counsel for the petitioner submitted that without interfering the order impugned in this writ petition and during the pendency of the writ petition, the project itself was implemented, however, it would suffice, this Court may issue a direction to the respondents to consider the petitioner's representation, dated 02.06.2017 within a reasonable time as fixed by this Court.

4. Heard the learned counsel on either side and perused the materials available on record.

5. Considering the limited request made by the learned counsel for the petitioners, this Court, without going into the merits of this matter, directs the respondents to consider the petitioner's representation, dated 02.06.2017 and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs. Consequently connected miscellaneous petition is closed. 24.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No RM

To 1.The Secretary to the Government of Tamilnadu, Finance Department, Fort St. George, Chennai - 600 009.

2.The Secretary to the Government of Tamilnadu, Rural Development and Panchayatraj Department, Fort St. George, Chennai - 600 009.

3.Tamilnadu Pudhu Vazhvu Society, Rep. by its Member Secretary / Project Director, Pudhu Vazhu Project, Annai Therasa Magalir Valagam, Valluvar Kottam High Road, Nungambakkam, Chennai - 600034.

4.Tamilnadu Rural Transformation Project, Department of Rural Development & panchayatraj, (Government of Tamil Nadu Rep. by its Project Director), 2nd Floor, Mother Therasa Complex, Nungambakkam, Chennai - 600 034.

5.The District Collector District Pudhu Vazhvu Society, Theni District.

M.DHANDAPANI,J.

RM 24.02.2023