K. Pandimuthu v. District Collector, Thiruchirappalli
2014-08-12
M.JAICHANDREN, R.MAHADEVAN
body2014
DigiLaw.ai
Judgment M. Jaichandren, J. 1. Heard Ms.J.Maria Roseline, the learned counsel appearing on behalf of the appellant, Mr.C.Selvaraj, the learned Special Government Pleader appearing on behalf of the respondents 1 and 2 and Mr.P.Athimoolapandian, the learned counsel appearing on behalf of the third respondent. 2. This Writ Appeal has been preferred against the order of the learned Single Judge, dated 13.10.2011, made in W.P.(MD).No.2579 of 2011. 3. The petitioner in the Writ Petition, in W.P.(MD).No.2579 of 2011, is the appellant in the present Writ Appeal. The learned Single Judge had passed an order, dated 13.10.2011, in W.P. (MD).No.2579 of 2011, rejecting the claim of the petitioner, based on the submission made by the learned Special Government Pleader appearing on behalf of the respondents 1 and 2 that the Yagapuram Child Welfare Centre had been reserved for the Scheduled Caste Candidates. The petitioner in the Writ Petition, the appellant herein, belongs to a Most Backward Class Community, and therefore, she was not entitled to make any claim for being appointed as an Anganwadi Worker at Yagapuram Child Welfare Centre. 4. At this stage of the hearing of the Writ Appeal, the learned counsel appearing on behalf of the third respondent had submitted that the Yagapuram Child Welfare Centre had been categorized under the Backward Class Muslim category, by the District Collector, Tiruchirappalli District, the first respondent herein, as per the communal roster, introduced by the Government Order, in G.O.Ms.No.142, Social Welfare Department, dated 06.07.2010. Accordingly, the third respondent had been selected and appointed in the post of Anganwadi Worker in Yagapuram Child Welfare Centre. As such, it could not be open to the appellant to state that the said appointment is not in accordance with law. 5. The learned Special Government Pleader appearing on behalf of the respondents 1 and 2 had also submitted that, based on the communal roster, followed by the first respondent herein, as per the Government Order, in G.O.Ms.No.142, Social Welfare Department, dated 06.07.2010, the Yagapuram Child Welfare Centre had been reserved for the candidates belonging to the Backward Class Muslim Category. Accordingly, the third respondent had been selected and appointed as an Anganwadi Worker in the said centre, following the procedures established by law. Therefore, the claim of the appellant cannot be sustained. 6.
Accordingly, the third respondent had been selected and appointed as an Anganwadi Worker in the said centre, following the procedures established by law. Therefore, the claim of the appellant cannot be sustained. 6. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned, and on a perusal of the records available, we are of the considered view that the claim of the appellant cannot be sustained. The third respondent had been appointed as an Anganwadi Worker in Yagapuram Child Welfare Centre, as per the communal roster, followed by the first respondent, by virtue of the Government Order, in G.O.Ms.No.142, Social Welfare Department, dated 06.07.2010. Accordingly, the post of Anganwadi Worker had been reserved for the candidates belonging to the Backward Class Muslim Category. Therefore, the appellant, who is stated to be belonging to the Most Backward Class Community, cannot have any valid claim for being appointed in the post of Anganwadi Worker at the Yagapuram Child Welfare Centre. Hence, we are of the considered view that the Writ Appeal filed by the appellant is devoid of merits and the same is liable to be dismissed. 7. In the result, the order, dated 13.10.2011, made in W.P.(MD).No.2579 of 2011, is upheld and the Writ Appeal stands dismissed. No costs.