The petitioner has filed this for the issuance of writ of Certiorarified Mandamus, calling for the records relating to the Impugned Order passed by the 2nd respondent in proceedings in Na.Ka.No.1622/A1/2012 dated 06.09.2012 and quash the same and consequently direct the respondents to permit the petitioner to join the post of Anganwadi Organizer at Bharathi Nagar (023) Pernambut, Vellore District as per the Appointment Order issued by the 2nd respondent vide proceedings Che.Mu.Na.Ka.No.1622/A1/2012 dated 02.09.2012.
2. The case of the petitioner is that she has completed Higher Secondary Course in the year 1996 and she belongs to Arunthathiyar Community, which is notified as Schedule Caste. The 2nd respondent / District Collector has issued notification for the recruitment of Anganwadi Organizer in Vellore District under the Integrated Child Development Scheme under the Government of Tamil Nadu. Therefore, the petitioner being eligible to the said post of Anganwadi Organizer under the Schedule Caste Quota for 023, Bharathiar Nagar Centre, Pernambut Union, Vellore District.
3. Pursuant to her application, the 3rd respondent Child Development Project Officer, Pernambut, has called this petitioner for Interview by letter dated 02.08.2012 directing the petitioner to appear on 14.08.2012. During the appearance in the interview on 14.08.2012, the petitioner was directed to produce the interview call letter, Certificate relating to her Educational Qualification, Family card, Transfer Certificate, Community Certificate, Certificate relating to proof of residence, etc.
4. Pursuant to the call letter dated 02.08.2012, this petitioner was appear before the 3rd respondent in the interview with all the required documents and attended the interview. Pursuant to the above interview dated 14.08.2012, on 02.09.2012, the 2nd respondent District Collector has issued proceedings Che.Mu.Na.Ka.No.1622/A1/ 2012 dated 02.09.2012, she was issued with an Appointment Order. From the appointment order, as per the performance the marks secured by the petitioner in the interview, this appointment order was issued and the petitioner was appointed as Anganwadi Organizer at Bharathi Nagar (023) Pernambut, Vellore District.
5. As per the appointment order dated 02.09.2012 issued by the 2nd respondent District Collector, the petitioner was directed to appear before the concerned (Pernambut) Child Development Project Office along with the original certificates and join the post within 7 days from the date of receipt of the Order and the concerned C.D.P.O. (Pernambut), was directed to verify the certificates and to permit the petitioner should join the job.
6. As per the proceedings Che.Mu.Na.Ka.No.1622/A1/2012 dated 02.09.2012, the petitioner has appeared before the CDPO on 05.09.2012, 06.9.2012 and 07.09.2012 with all the original certificates for the purpose of joining the service, but the 3rd respondent has not permitted the petitioner even bother to verify her certificates and did not permitted the petitioner to join in the service. Though the petitioner repeatedly enquired with the 3rd respondent as to why the petitioner was not permitted to join with the job and it is no proper reply from the 3rd respondent. Therefore, in this regard, the petitioner has made a representation on 08.09.2012 to all the respondents with Telegrams. But, till date she has not received any information from them. But, later on, the 2nd respondent District Collector by order in Se.Mu.Na.Ka.No.1622/A1/2012 dated 06.09.2012, sending an order of cancellation of the petitioner's original appointment order dated 02.09.2012, due to administrative reason with the motive of appointing one Smt.R.Neelavathi in the said Anganwadi Organizer at Bharathiyar Nagar (023) Pernambut, Vellore District.
7. It is the further case of the petitioner that once the petitioner was appointed on 02.09.2012, but that was cancelled by the 2nd respondent District Collector, by order dated 06.09.2012, without hearing the petitioner or issue any notice or calling any explanation, had cancelled the impugned order. Therefore, challenging the said impugned order, the present writ petition has been filed.
8. A counter affidavit has been filed by the 3rd respondent as per the communal rotation vacancy in the post of 023 Bharathiyar Nagar Centre, Pernambut, was allotted to Schedule Caste community, as per the communal rotation. But the petitioner belongs to Schedule Caste (Arunthathiyar). Therefore, her appointment was cancelled that is the only averment made by the 3rd respondent. The 3rd respondent in his counter has stated as follows:
“(d) Fixing of communal rotation for the recruitment of Anganwadi Worker The above notification was issued before selection and applicants were requested to submit applications by fulfilling the above requirements.
It is submitted that the post of anganwadi worker in Bharathiyar Nagar Centre in Pernambut block was allotted to SC community as per communal rotation. But the petitioner Tmt.R.Sumathi does not belongs to the community fixed for this centre and she belong to SC(A) community.”
9. As per the counter in the 3rd respondent, it is clearly stated that the post of Anganwadi Worker, Bharathiyar Nagar Centre, Pernambut, work is allotted to Schedule Caste community as per communal rotation.
10. Thus being the case, the 2nd respondent has not mentioned in detail about the communal rotation, but simply stated that the petitioner is not belongs to the said community, which is totally unacceptable one.
11. The respondents 2 and 3 also not given any proper reason that whether any allotment in respect of Schedule Caste (Arunthathiyar) has been allotted in the Vellore District, but they have not given proper reply to that effect in the counter affidavit. Apart from this, when the respondents 2 and 3 well known that the petitioner belongs to Schedule Caste (Arunthathiyar), she would not have called for the interview, but she was called for the interview and the appointment order was also made.
12. I heard M/s.K.M.Valsala, learned counsel appearing for the petitioner and Mrs.M.E.Raniselvam, learned Additional Government Pleader appearing for the respondents 1 and 2 and no representation on behalf of the 3rd respondent.
13. It is the case of the petitioner that after completing her Higher Secondary Course, she is expecting for the appointment order in the respondents Department or any other Department, since the petitioner is belongs to Arunthathiyar community, which is comes under the Schedule Caste. As per the notification issued by the 2nd respondent District Collector, this petitioner being the eligible candidate and belongs to Schedule Caste, she applied for the post under the Schedule Caste quota to the vacancy at 023 Bharathiyar Nagar Centre, Pernambut Union, Vellore District. It is also brought to the knowledge of this Court, the said post is allotted only to the Schedule Caste and not for the Schedule Caste (Arunthathiyar).
14. It is reported by the learned Additional Government Pleader appearing for the respondents 1 and 2 that the appointment of Anganwadi Worker, now the interview is going on and the 2nd respondent / District Collector is directed to consider the petitioner's case and appointed her in any suitable post as Anganwadi worker.
15. On proper interview by a letter dated 02.08.2012, the petitioner was appeared before the 3rd respondent on 14.08.2012 and accordingly she was selected and also issued appointment order dated 02.09.2012 by the District Collector / the 2nd respondent herein. But all in sudden within 4 days, on 06.09.2012, the 2nd respondent has issued the order of cancellation of appointment order by appointing one Smt.R.Neelavathi W/o Rajendran in the said vacancy.
16. In the order dated 06.09.2012, the 2nd respondent District Collector has stated that the petitioner is not belongs to the community which was allotted to the Bharathiyar Nagar Centre, Pernambut (023) and as per the appointing rules, this petitioner is having no qualification for the appointment. Therefore, with the administrative reason, the order of appointment issued dated 02.09.2012 was cancelled.
17. In the said order, the 2nd respondent District Collector also appointed one Smt.R.Neelavathi W/o Rajendran in the said (023) Bharathiyar Nagar Centre, Pernambut.
18. On fair reading of the order dated 06.09.2012 cancelling the petitioner appointment order dated 02.09.2012, the District Collector has totally failed and considered, what is the allotment to the said (023) Pernambut Centre, what is the community and what is the notification, nothing stated in the said order, but he had simply stated that the petitioner has not belongs to the community which was allotted to the Pernambut Centre and cancelling the appointment order. It is totally non application of mind by the 2nd respondent District Collector.
19. Time and again, this Court and the Hon'ble Apex Court very categorically held that if any order of cancellation or order passed to put the persons, who already selected by way of cancelling the said appointment in the subsequent order should be given personal hearing and thereafter only the order should be passed. In this case in hand, it was totally denied and passed order which is totally against the principles of natural justice.
20. I have also perused the notification issued by the 2nd respondent in the post for the vacancy of (023) Bharathiyar Nagar Centre, Pernambut, has allotted only to Schedule Caste and not allotted to Schedule Caste (Arunthathiyar), when the specific averments or allotment are not made in the notification, then why the authorities namely, the respondents 2 and 3 were called the petitioner for interview on 02.08.2012 and conducted the interview and received the certificates, when the post was allotted to Schedule Caste only, the petitioner belongs to the community of Schedule Caste (Arunthathiyar), it is not necessary to call the petitioner for interview and issued the appointment order dated 02.09.2012. Therefore, in all the way, the 2nd respondent has committed wrong thing and against the natural justice, the order of cancellation dated 06.09.2012 was passed. Therefore, the very order dated 06.09.2012 passed by the 2nd respondent District Collector has to be set aside for the reasons that the order of cancellation has been passed in violation of principles of natural justice and also not proper notification issued for the allotment. Further, once the appointment order dated 02.09.2012 was issued, the 2nd respondent have no right to cancel the said appointment order by way of present impugned order dated 06.09.2012. Therefore, the petitioner is make out the case before this Court. Accordingly, the writ petition is liable to be allowed by setting aside the order passed by the 2nd respondent District Collector, dated 06.09.2012.
21. It is brought to the notice of this Court by the petitioner as well as the respondents 1 and 2 that pursuant to the present impugned order dated 06.09.2012 one Smt.R.Neelavathi W/o Rajendran, appointed in the said vacancy at Bharathiyar Nagar Centre, she is working from 2012 onwards to till date. Therefore, this Court has not passed order to cancel the appointment of said Smt.R.Neelavathi and this Court is not inclined to set aside the appointment order of Smt.R.Neelavathi, but set aside the order dated 06.09.2012 in respect of cancellation of appointment order dated 02.09.2012 by the 2nd respondent District Collector.
22. In the result:
(a) this writ petition is partly allowed by setting aside the order dated 06.09.2012, in respect of cancelling the petitioner's appointment order dated 02.09.2012 in proceedings in Na.Ka.No.1622/A1/2012;
(b) the 2nd respondent District Collector, is hereby directed to issue appointment order immediately by appointing the petitioner by way of create a new post either in the petitioner's village or in any other nearby area and issue appointment order on or before 21.09.2017, without fail;
(c) the Registry is directed to post this case on 03.10.2017 “for reporting compliance” as first item.
23. Accordingly, this writ petition is partly allowed. No costs.
Consequently, connected miscellaneous petition is closed.
14.09.2017 Note: Issue order copy on 18.09.2017. vs Speaking order/Non-speaking order Index: Yes/No To
1. The Secretary to Government, Social Welfare Department, Fort St. George, Chennai – 9.
2. The District Collector, Vellore District, Vellore.
3. The Child Development Project Officer, Child Development Scheme Office, Chinna Bazaar Street, Pernambut, Vellore District.
M.V.MURALIDARAN. J.
vs
W.P.No.11405 of 2013
and M.P.No.1 of 2013
14.09.2017
WP.No.11405 of 2013 and M.P.No.1 of 2013 M.V.MURALIDARAN,J.
Originally on 14.09.2017, this Court allowed the writ petition filed by the petitioner and passed the following order:
“22.In the result:
(a) this writ petition is partly allowed by setting aside the order dated 06.09.2012, in respect of cancelling the petitioner's appointment order dated 02.09.2012 in proceedings in Na.Ka.No.1622/A1/2012;
(b) the 2nd respondent District Collector, is hereby directed to issue appointment order immediately by appointing the petitioner by way of create a new post either in the petitioner's village or in any other nearby area and issue appointment order on or before 21.09.2017, without fail;
(c) the Registry is directed to post this case on 03.10.2017 “for reporting compliance” as first item.”
2. Pursuant to the order of this Court dated 14.09.2017, the 2nd respondent District Collector has filed a petition in WMP.No.27779 of 2017 seeking extension of time to comply with the order of this Court. In the said petition, Para No.4 of the affidavit filed by the 2nd respondent District Collector, stated as follows:
“I respectfully submit that the copy of the order was received by this respondent only on 20.09.2017. This respondent cannot take a decision independently as per the directions given by this Hon'ble Court, the order dated 14.09.2017 passed by this Hon'ble Court has to be sent to the Government along with a fresh proposal and after obtaining the necessary opinion from the Government, further action has to be initiated. For complying certain formalities to get the opinion from the Government, it will take some more time. I submit that there are some vacancies arose in the Pernambut Union for the post of Anganwadi Workers in the academic year 2016-2017 and as per the instruction given by the Government, the notification was issued to fill up all the vacancies and interview has also been conducted on various days during the month of September 2017. The scrutiny of all the applications and preparing selection list work is in progress. At this circumstance, the authority is not in a position to provide appointment order immediately. I have no intention to disobey the order of this Hon'ble Court but the authority require some more time to comply with the order. I am willing to comply with the order of this Hon'ble Court, but it requires some procedure to be complied with. Hence, it is just and necessary to grant three months time to comply with the directions given by this Hon'ble Court.
Hence it is respectfully prayed that this Hon'ble Court may be pleased to extend three months time from 22.09.2017 to 21.12.2017 to comply with the directions given by this Hon'ble Court in its order dated 14.09.2017 in W.P.No.11405 of 2013 and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.
3. On perusal of the affidavit, it is made clear that the 2nd respondent/District Collector prayed before this Hon'ble Court seeking on extension of three months time to comply the order of this Court dated 14.09.2017.
4. In view of the submission made by the 2nd respondent/District Collector, time was granted till 23.11.2017 to comply with the order of this Hon'ble Court dated 14.09.2017.
5. Post the matter on 23.11.2017 “for reporting compliance.”
3. Considering the petition filed by the 2nd respondent District Collector in WMP.No.27779 of 2017 on 05.10.2017, I accepted the request made by the District Collector seeking time for complying the order dated 14.09.2017 and I extend the time till 23.11.2017 to comply the order of this Court and post on 23.11.2017 “for reporting compliance”.
4. When on 23.11.2017 the writ petition came up for reporting compliance, the learned Special Government Pleader appearing for the respondents has produced a copy of the order of appointment vide proceedings of the District Collector, Vellore in br/K/e/f/vz;/3720-m1- 2017(1). ehs; 17/11/2017, in which the petitioner was appointed as Anganwadi Worker at Melkotha Kuppam, Pernamput Block, but the learned counsel appearing for the petitioner reported that no order was received till 23.11.2017 by the petitioner.
5. Therefore, I passed an order on 23.11.2017, directing the petitioner to approach the 2nd respondent District Collector and the District Collector is directed to issue copy of the appointment order and permit the petitioner to join in the service immediately.
6. Pursuant to the order passed by this Hon'ble Court on 23.11.2017, the 2nd respondent / District Collector also issued the appointment order by hand to the petitioner and on receipt of the said order, the petitioner also joined in the service.
7. When the matter came today, both the learned Additional Government Pleader and the learned counsel appearing for the petitioner were reported before this Hon'ble Court that the petitioner was joined in the service and the order of this Hon'ble Court dated 14.09.2017, was complied in letter and spirit.
8. This Court accepted the submission of the learned Additional Government Pleader. This Hon'ble Court very much appreciate the action of the 2nd respondent District Collector for his due respect and compliance of this Hon'ble Court's order made in W.P.No.11405 of 2013, dated 14.09.2017.
30.11.2017 vs
M.V.MURALIDARAN.J.,
vs WP.No.11405 of 2013 and M.P.No.1 of 2013 30.11.2017