Madras High Court
Lavanya Ramadas vs State Of Tamil Nadu on 30 June, 2021
W.A.No.925 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A.No.925 of 2021
(Heard through VC)
Lavanya Ramadas .. Appellant
Vs.
1. State of Tamil Nadu,
Represented by its Secretary,
Department of Noon Meal Organisation,
St.George Fort,
Chennai - 600 002.
2. The District Collector,
Collector Office,
Bangalore Main Road,
Krishnagiri.
3. District Project Officer (General),
Krishnagiri,
Krishnagiri District.
Page 1/7
https://www.mhc.tn.gov.in/judis/
W.A.No.925 of 2021
4. Child Development Project Officer,
Block Development Officer,
Shoolagiri Taluk,
Krishnagiri District .. Respondents
***
Prayer: Writ Appeal filed under Clause 15 of Letter Patent to set aside the
impugned order dated 29.03.2019 passed in W.P.No.24952 of 2018.
***
For Appellant : Mr.M.D.Thirunavukkarasu
For Respondents : Mr.C.Jayaprakash,
Government Advocate
JUDGMENT
[Judgment of Court was delivered by PUSHPA SATHYANARAYANA, J.]
The Writ Appeal is directed against the order dated 29.03.2019
passed by the learned Single Judge in W.P.No.24952 of 2018.
2. The appellant is an aspirant to become a Noon Meal Organizer.
Her mother one P.Lakshmiammal was employed in the Office of the District
Collector, Krishnagiri as a Noon Meal Organizer and died in harness. The
appellant herein had applied for the said post on compassionate grounds
within the stipulated time. In the meanwhile, applications were invited for
Page 2/7
https://www.mhc.tn.gov.in/judis/
W.A.No.925 of 2021
the post of Noon Meal Organizer, for which, the appellant had made an
application. A call letter was sent on 29.08.2017 and personal interview was
fixed on 05.09.2017. After the certificate verification, it was informed to
the appellant that an appointment order would be sent, but there was no
response.
3. It is stated that the said post is still vacant. As there was no
response from the respondents, the appellant filed W.P.No.14382 of 2018
seeking a Writ of Mandamus, directing the respondents to consider the
representation of the petitioner dated 06.05.2018, which was allowed on
14.06.2018. Pursuant to the same, the third respondent passed an order on
24.08.2018, rejecting the application of the appellant on the ground that the
post of the Noon Meal Organiser can be appointed only to those persons,
who have completed the age of 25 years, as per G.O.Ms.No.110, Social
Welfare and Nutritious Meal Programme Department (Sa.Na 7-1), dated
14.05.2012.
Page 3/7
https://www.mhc.tn.gov.in/judis/
W.A.No.925 of 2021
4. The appellant was born on 24.04.1993 and on the date when she
applied for, she had not completed the age of 25 years. However,
considering the fact that the application was already made by her seeking
compassionate appointment in the place of her deceased mother, the
respondents should have considered the same by relaxing the age, as she is
otherwise qualified. As stated earlier, the above said post is kept vacant.
5. In view of the above, the appellant is eligible to be appointed even
on the compassionate grounds, as she has filed an application within the
period of limitation, which is yet to be considered. She is also found to be
eligible in all other respects, excepting the age, where she was short of few
months for 25 years on the date of the interview (i.e.) 05.09.2017.
6. As the petitioner is otherwise qualified even as found by the
respondents, we are of the considered opinion that her candidature has to be
considered for the post of Noon Meal Organizer and she be given an
appointment. Therefore, the order passed by the learned Single Judge
deserves to be set aside and the same is set aside.
Page 4/7
https://www.mhc.tn.gov.in/judis/
W.A.No.925 of 2021
7. The District Collector/second respondent is directed to
consider the candidature of the appellant/writ petitioner and issue an order
of appointment within a period of eight weeks from the date of receipt of a
copy of this judgement and report compliance to this Court.
8. With the above directions, the Writ Appeal stands allowed. No
costs.
9. Post the matter on 27.08.2021 "for reporting compliance".
[P.S.N. J.] [K.R. J.]
30.06.2021
Index : Yes / No
Internet : Yes/No
srn
To
1. The Secretary,
State of Tamil Nadu,
Department of Noon Meal Organisation,
St.George Fort, Chennai - 600 002.
Page 5/7
https://www.mhc.tn.gov.in/judis/
W.A.No.925 of 2021
2. The District Collector,
Collector Office,
Bangalore Main Road, Krishnagiri.
3. The District Project Officer (General),
Krishnagiri, Krishnagiri District.
4. The Child Development Project Officer,
Block Development Officer,
Shoolagiri Taluk,
Krishnagiri District
Page 6/7
https://www.mhc.tn.gov.in/judis/
W.A.No.925 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
srn
W.A.No.925 of 2021
30.06.2021
Page 7/7
https://www.mhc.tn.gov.in/judis/
