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Madras High CourtWP(MD)/27726/2022disposed of

Jayanthi .P v. The State Of Tamil Nadu

2022-12-08Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD) No.21828 of 2022 1.P.Jayanthi 2.M.Suseela ... Petitioners Vs.

1.The State of Tamil Nadu Through its Secretary to Government, Social Welfare and Nutritious Meal Programme Department, Fort. St. George, Chennai - 9.

2.The Special Commissioner / Director, Integrated Child Development Services, Tharamani, Chennai - 600113.

3.The District Collector Karur District (District Project Officer, ICDS), Karur.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents 2 and 3 herein to promote the petitioners as Anganwadi Workers in any of the Anganwadi Centers in Karur District.

For Petitioners : Mr.P.Bhagavath Srinath For Respondents : Mr.C.Satheesh Government Advocates

O R D E R

This Writ Petition has been filed to direct the respondents 2 and 3 herein to promote the petitioners as Anganwadi Workers in any of the Anganwadi Centers in Karur District.

2. Mr.P.Bhagavath Srinath, learned counsel for the petitioner would submit that the petitioners are Anganwadi Helpers. They joined service in the year 2007. The first petitioner joined service on 05.09.2007 and the second petitioner joined service on 06.09.2006 and they have completed more than 15 years of continuous service as Anganwadi Helpers. If an Anganwadi Helper had completed 10 years of service, they are entitled to be promoted to the post of Anganwadi Workers in terms of G.O.Ms.No. 110, dated 14.05.2012, The said Government Order stipulates that 25% of the Anganwadi workers post shall be reserved for Anganwadi Helpers and further nearing 34 years, if he crossed 35 years of service and if there is no promotional avenue available to the petitioner for the Anganwadi Helpers and hence, the present writ petition is filed with the above said prayer.

3. The learned counsel for the petitioners would submit that this Court may grant liberty to the petitioners to make a representation within a period of one week from the date of receipt of a copy of this order for promoting the petitioners as Anganwadi Workers in terms of G.O.Ms.No.

110, dated 14.05.2012 The District Collector / third respondent is directed to pass appropriate orders within a reasonable time as fixed by this Court.

4. Considering the limited request made by the learned counsel for the petitioners, this Court, without going into the merits of this matter, grants permission to the petitioners to make appropriate representation within a period of one week from the date of receipt of a copy of this order, before the third respondent and thereafter, on receipt of such representation, the third respondent shall consider and pass appropriate orders on merits and in accordance with law within a period of four weeks, thereafter.

5. With the above directions, this writ petition is disposed of. No costs. Consequently connected miscellaneous petition is closed. 08.12.2022 Index : Yes / No Internet : Yes / No RM

To 1.The Secretary to Government, State of Tamil Nadu Social Welfare and Nutritious Meal Programme Department, Fort. St. George, Chennai - 9.

2.The Special Commissioner / Director, Integrated Child Development Services, Tharamani, Chennai - 600113.

3.The District Collector Karur District (District Project Officer, ICDS), Karur.

M.DHANDAPANI,J.

RM (2/2) 08.12.2022