V.Rajeshwari, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :16.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD).No.16151 of 2017 V.Rajeshwari .. Petitioner Vs

1. The District Collector, Dindigul District, Dindigul.

2.The Commissioner, Vadamadurai Panchayat Union, Vadamadurai, Vedachandur Taluk, Dindigul District.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the claim of the petitioner to appoint as "Samayal Uthaviyalar" (Assistant Cook) in Panchayat Union Primary School, Uralipatti.

For Petitioner : Mr.T.Lajapathi Roy For Respondent No.1 : Mr.M.Muthugeethaiyan Special Government Pleader For Respondent No.2 : Mr.J.Gunaseelan Muthiah

O R D E R

This petition has been filed, seeking to the third respondents respondents to consider the claim of the petitioner to appoint as "Samayal Uthaviyalar" (Assistant Cook) in Panchayat Union Primary School, Uralipatti.

2. The case of the petitioner is that pursuant to the notification of the second respondent published in the month of March, 2017, the petitioner applied to the post of Samayal Uthaviyalar (Cook Assistant) in Panchayat Union Primary School, Uralipatti and thereafter, on 10.4.2017, the 2nd respondent sent a call letter to the petitioner and the petitioner appeared for interview before the second respondent with all the required documents. Thereafter, the petitioner was not selected for the said 1/3

post, hence the petitioner's husband sent a representation on 16.10.2017 to the first respondent on the grievance day and requested to appoint the petitioner in the said post. Since the same was not considered, this writ petition has been filed by the petitioner.

3. Learned counsel for the petitioner would submit that it would be suffice, if this Court directs the respondents to consider the petitioner's representation dated 16.10.2017 at the earliest point of time.

4. The learned Special Government Pleader appearing for the first respondent would submit that after completion of the selection process, one Banumathi, W/o.Sathiyaraj, was appointed as Assistant Cook in Panchayat Union Primary School, Uralipatti on 16.11.2017 and the said appointment order was produced before this Court.

5. Heard the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondents 1 & 2 and perused the materials available on record.

6. In view of the above, without challenging the appointment order issued in favour of one Banumathi, W/o.Sathiyaraj, dated 16.11.2017, filing this writ petition is not maintainable.

7. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed. However, the petitioner is at liberty to work out her remedy in the manner known to law.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL 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.

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To

1. The District Collector, Dindigul District, Dindigul.

2. The Commissioner Vadamadurai Panchayat Union, Vadamadurai, Vedachandur Taluk, Dindigul District.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-11635[F] dated 17/03/2021 ) +1 CC to M/s.SPL GP ( SR-11861[F] dated 17/03/2021 ) W.P.(MD).No.19880 of 2017 16.03.2021 CN(18.05.2021) 3P 5C 3/3