R.C.Primary School vs The State Of Tamil Nadu on 11 December, 2018

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Madras High Court

R.C.Primary School vs The State Of Tamil Nadu on 11 December, 2018

Bench: R.Subramanian

                                                        1


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              Dated : 11.12.2018

                                                     CORAM :

                              THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                          W.P(MD)No.9372 of 2015
                                                   and
                                         W.M.P(MD).Nos.1, 2 of 2015

                     R.C.Primary School
                     rep., by its Correspondent,
                     Fr.Irudayaraj R.s,
                     Muthuvijayapuram-623 712,
                     Mudukulathur Union,
                     Ramanathapuram District.                      ... Petitioner

                                                        Vs.
                     1.The State of Tamil Nadu,
                       Rep., by its Secretary,
                       Social Welfare and Noon Meal
                        Scheme Department,
                       St.George Fort, Secretariat,
                       Chennai.

                     2.The District Collector,
                       Ramanathapuram,
                       Ramanathapuram District.

                     3.The Commissioner/
                        Block Development Officer,
                       Kadaladi Panchayat Union,
                       Kadaladi,
                       Ramanathapuram District.

http://www.judis.nic.in
                                                        2

                     4.S.Shanmugavalli

                     5.The Personal Assistant (GA),
                       to the District Collector,
                       Ramanathapuram,
                       Ramanathapuram District.                       ...Respondents

                     (R5 is impleaded as per order dated 11.12.2018
                     in W.M.P(MD).No.2 of 2015)

                     PRAYER : Writ Petition filed under Article 226 of the Constitution of
                     India, praying for issuance of a Writ of Declaration, declaring the
                     appointment of the fourth respondent to the post of Noon Meal Cook
                     Assistant at the Noon Meal Centre attached with the petitioner school
                     as illegal and consequently to direct the respondents 2 and 3 to
                     consider the candidates recommended by the petitioner for
                     appointment to the post of Noon Meal Cook Assistant at the Noon Meal
                     Centre attached with the petitioner School within the time stipulated
                     by this Court.
                                   For Petitioner   : Mr.T.Lajapathi Roy
                                   For R1 & R2      : Mr.A.Muthukaruppan
                                                           Additional Government Pleader
                                   For R3           : Mr.K.P.Krishnadoss
                                   For R4           : No appearance
                                   For R5           : Mr.T.Lajapathi Roy
                                                      ORDER

Mr.T.Lajapathi Roy, learned counsel takes notice for the fifth respondent.

http://www.judis.nic.in 3

2. Mr.K.P.Krishnadoss, learned counsel appearing for the third respondent would submit that the fourth respondent was appointed as a Noon Meal Cook Assistant in the petitioner's institution and he has now been transferred and the said post remained vacant.

Therefore, nothing survives in the writ petition.

2. Considering the prayer sought for in this writ petition, I find that the submission of the learned counsel for the third respondent is fair and just. In view of the transfer of the fourth respondent to another institution, the prayer in this petition has actually become infructuous. Hence, this Writ Petition is dismissed as infructuous.

However, it is made clear that the respondents shall take steps to fill up the post of Noon Meal Cook Assistant in the petitioner's institution within a reasonable time by strictly adhering to the policy of the Government in making such appointment. No costs. Consequently, connected M.P(MD).No.1 of 2015 is closed.




                                                                            11.12.2018
                     Index       : Yes/No
                     Internet    : Yes/No
                     rmk
http://www.judis.nic.in
                                                          4

                                                                    R.SUBRAMANIAN, J.,

                                                                                   rmk


                     To

                     1.The Secretary,

Health and Family Welfare Department, Fort St. George, Chennai-600 009

2.The Director, Directorate of Employment and Training, Alandur Road, Thiru-vi-ka Industrial Estate, Guindy, Chennai-600032

3.The Director, The Directorate of Medical & Rural Health Services, Teynampet, Chennai-600 006.

4.The Director, The Directorate of Public Health and Preventive Medicines, Teynampet, Chennai-600 006.

W.P(MD)No.9372 of 2015

11.12.2018 http://www.judis.nic.in

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