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Madras High Court · body

2014 DIGILAW 3199 (MAD)

R. Mariammal v. Commissioner of Social Welfare

2014-09-09

D.HARIPARANTHAMAN

body2014
Judgment : 1. Questioning the appointment of the 4th respondent as Noon Meal Organizer at Irattaipulipudhur Centre, the petitioner has come up with the present writ petition. 2. The main contention of the learned counsel for the petitioner is that the 4th respondent does not reside within 3 kms from the centre and resides 60 kms away from the centre. In support of his contention, he relied on a certificate issued by the Village Administrative Officer, Thumbalpatti Village, Salem District to the effect that the 4th respondent, who resides at Thumbalpatti Village, Irattaipulipudhur, Mariamman Koil Street, had gone to Belur Village in Vazhapadi Taluk. The said certificate is dated 15.08.2012. 3. Even as per the said certificate, the 4th respondent resided in that village and subsequently, she had gone to Belur village. It is not known as to how the Village Administrative Officer has come to the conclusion that the 4th respondent has permanently shifted from Thumbalpatti village. 4. The third respondent has filed a counter affidavit. Paragraph 5 reads as follows:- "5. .....After the verification of the documents and certificates submitted by the petitioner and the other contestants including the fourth respondent, the selection committee came to know from the distance certificates submitted alongwith the application that the petitioner is residing within 3 kms and fourth respondent is residing in the distance of 0.5 kms from the said Noon Meal Center. It is submitted that based on the above facts, the selection committee felt that this opportunity of serving as Noon Meal Organisor to be given to the fourth respondent as deserving person and hence the fourth respondent is appointed by the second respondent vide his proceedings Na.Ka.60/2012/Sa.Vu.Thi-2, dated 16.08.2012 (copy enclosed) as Noon Meal Organisor in the Noon Meal Center functioning at Irattaipulipudhur Panchayat Union Elementary School, Panamarathupatti Panchayat Union, Salem Taluk, Salem District. It is the least distance from the centre and residences of the all 9 contestants (copy enclosed). As the fourth respondent is residing to the Noon Meal Centre more nearly than the petitioner, the fourth respondent was selected and appointed for the above said post. The fourth respondent has joined duty on 24.08.2012." 5. It is pertinent to note that the 4th respondent has also produced a certificate to show that she is residing within 3 kms from the Noon Meal Centre. Based on the said certificate, she was given appointment. The fourth respondent has joined duty on 24.08.2012." 5. It is pertinent to note that the 4th respondent has also produced a certificate to show that she is residing within 3 kms from the Noon Meal Centre. Based on the said certificate, she was given appointment. Even according to the petitioner, the 4th respondent was residing in Thumbalpatti village, but subsequently, she shifted to Belur Village, Vazhapadi Taluk. 6. It is not the case of the petitioner that the 4th respondent does not belong to Thumbalpatti village. Based on the certificate produced by the 4thh respondent, she was given appointment and she has been working for the past more than two years. It is also not the case of the petitioner that she has preference over 4th respondent, like widow etc. The only contention is that the 4th respondent is not a resident of Thumbalpatti village. 7. I am not inclined to agree with the said submission made by the learned counsel for the petitioner. Hence, the writ petition fails and the same is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.