Writ petition by a Cook Assistant challenging a notification and seeking promotion as Nutrition Organizer under the 25% in-service quota. She had under 10 years' service at the notification date. During pendency she was promoted in 2020; nothing survived and the writ petition was closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Writ Petition No.20240 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.03.2024
CORAM
THE HONOURABLE MR. JUSTICE BATTU DEVANAND
Writ Petition No.20240 of 2018 & WMP.Nos.23736 & 23737 of 2018
Murugaveni ..Petitioner
vs.
1.State of Tamilnadu, rep. by its Principal Secretary to Government, Social Welfare and Nutritious Meal Programme Department, Fort St. George, Chennai-600 009
2.The District Collector, O/o. The Collectorate, Cuddalore District.
3.The Block Development Officer, Panchayat Union Office, Kammapuram, Cuddalore District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records sequel to the notification issued by the second respondent vide SE.VE.EN.20, dated 11.07.2018 bearing Na.Ka.En.Pidi1/298/2016, dated 09.07.2016 and to quash the same and consequently direct the respondents to fill up the post of Nutrition Organizer in respect of 25% of vacancy as per
1/6
Writ Petition No.20240 of 2018
the Government Order no.163, dated 18.08.2010 issued by the first respondent/Social Welfare and Nutritious Meal Programme (Sa.uthi2) Department and further direct the respondents to consider and appoint the petitioner to the post of Nutrition Organizer by considering her experience and qualification.
For Petitioner : R.Thirumoorthy
For Respondents : Mr.L.S.M.Hasan Fizal, AGP for R1 to 3
O R D E R
This Writ Petition has been filed seeking for appointment to the post
of Nutrition Organizer on promotion from the post of Cook Assistant.
2.A detailed counter affidavit has been filed by the respondents.
2/6
Writ Petition No.20240 of 2018
since she had not completed 10 years of service as on the date of Notification dated 30.01.2017. It is also stated in the counter affidavit that the petitioner has been promoted to the post of Noon Meal Organizer from the post of Cook Assistant, while she was working at Panchayat Union Middle School, Chinnakottimoolai, Kammapuram Panchayat Union, vide proceedings in Na.Ka.No.PT1/9477/2019, dated 30.06.2020 by the second respondent. The third respondent has issued appointment orders on 01.07.2020, posting the petitioner at Aided Primary School, Peruvapoor, Kammapuram Panchayat Union and she is working as such till date.
5.Having considered the facts and circumstances of the case, it is clear that the petitioner did not qualify for consideration of her claim for promotion under the 25% quota for in-service candidates in 2017-18, since
3/6
Writ Petition No.20240 of 2018
she had not completed 10 years of service as on the date of notification. However, during pendency of the Writ Petition, the petitioner has been promoted by order dated 30.06.2020 of the second respondent and now she is working as Nool Meal Organizer at Aided Primary School, Peruvapoor, Kammapuram Panchayat Union and continuing as such till date. In view of the above factual position, I am of the considered view that no further adjudication is required in the present Writ Petition.
6.Accordingly, the Writ Petition is closed. No costs. Consequently connected miscellaneous petitions are closed.
12.03.2024
Index : Yes/No Speaking order:Yes/No dn
4/6
Writ Petition No.20240 of 2018
To
1.State of Tamilnadu, The Principal Secretary to Government, Social Welfare and Nutritious Meal Programme Department, Fort St. George, Chennai-600 009
2.The District Collector, O/o. The Collectorate, Cuddalore District.
3.The Block Development Officer, Panchayat Union Office, Kammapuram, Cuddalore District.
BATTU DEVANAND, J
dn
5/6
Writ Petition No.20240 of 2018
Writ Petition No.20240 of 2018
12.03.2024
6/6
1 issue framed by the court
Whether the petitioner was entitled to promotion as Nutrition/Noon Meal Organizer under the 25% in-service quota despite not completing 10 years of service.
1 provisions across 1 enactments
Murugaveni
State of Tamilnadu, rep. by its Principal Secretary to Government, Social Welfare and Nutritious Meal Programme Department
The District Collector, Cuddalore District
The Block Development Officer, Kammapuram, Cuddalore District
BATTU DEVANAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
