1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No.5825 of 2011 A.Mangayarkarasi ... Petitioner Vs. 1.The District Collector, Madurai District,Madurai. 2.The Project Officer, Madurai District, Madurai. 3. The Child Development Scheme Officer, O/o.Child Development Scheme, (Having Office at Vannamparaipatti) Melur Taluk, Madurai District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner's appointment to the post of Anganwadi Worker in Therkutheri Village or other near places in Melur Taluk, Madurai District under the category of Destitute Widow and pass such further order or orders as this Hon'ble Court may deem fit and proper under the circumstances of the case. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.S.Chandrasekar Government Advocate O R D E R The petitioner has sought for a mandamus directing the respondents to consider the petitioner's appointment to the post of Anganwadi Worker in Therkutheru Village or other near places in Melur Taluk, Madurai District under the category of Destitute Widow. 2. It is the case of the petitioner that her husband died on 04.12.2007 leaving behind two children. She has passed SSLC examination and pursuant to an advertisement for filling up the vacant post of Anganwadi Worker in Therku Theru Village, she has made an application to the Child Development Scheme Officer, Melur Taluk, Madurai District, third respondent. On 09.11.2010, a call letter was sent by the third respondent directing the petitioner to appear for the interview to be held on 18.11.2010 in his office located at Vannamparaipatti. It is the further case of the petitioner that she has produced her original documents, such as Income Certificate, Nativity Certificate, Widow Certificate, Community Certificate, SSLC Marks Sheets, Death Certificate of her husband, Transfer Certificate and Family Ration Card, along with her application to be considered under the category of Destitute Widow. 3.According to the petitioner, she is entitled to be considered for the post of Anganwadi Worker under the category of Destitute Widow. Though the petitioner was legitimately expecting that she would be https://hcservices.ecourts.gov.in/hcservices/ 2 considered for appointment to the post of Anganwadi Worker in Therku Theru Village, there was no response. Therefore, she made a representation dated 20.12.2010, which has not been considered. Therefore, the petitioner is constrained to file the Writ Petition, for the relief as stated supra. 4. Based on the affidavit filed by the third respondent, Child Development Scheme Officer, Mr.S.Chandrasekar, learned Government Advocate submitted that though the petitioner appeared in the interview, and that she has produced only a Widow Certificate from the Tahsildar, Therku Theru, Melur, but not a Destitute Widow Certificate from the Revenue Divisional Officer who is the competent authority to issue the certificate. He further submitted that the petitioner has already crossed the age of 35 years and for extending some relaxation of age, she must have produced a Destitute Widow Certificate or the Deserted Women Certificate. Since the petitioner has not produced the said document on 16.8.2010, her case case was not considered. It is the further submission of the learned counsel for the respondents that the post applied for, has already been filled up. 5. Heard the parties and perused the material available on records. 6. Rule 12 of Tamil State and Subordinate Service Rules deals with the qualifications for a post in State service. Explanations - 1 and 2 of the aforesaid Rules state that 'For the purpose of the said rule 'Destitute Widow' shall mean a widow whose total monthly income from all sources shall not be more than Rs.4,000/- (Rupees Four thousand only) including any family pension or other receipts including income from private practice in the case of professionals, but shall not include a divourcee'. "Destitute Widow" shall produce a certificate in the format given in schedule VI to this part, from the Revenue Divisional Officer or the Assistant Collector or the Sub Collector concerned. 7. Both the explanations to Rule 12 of Tamil Nadu State and Subordinate Service Rules stipulates that the annual income of the destitute widow should be less than Rs.48,000/-. So that she could be categorized as a destitute widow. It is explicit that ceiling on the income is the criteria. The second condition is that, a Certificate has to be obtained from the Revenue Divisional Officer or the Assistant Collector concerned. Though the Child Development Scheme Officer, Melur Taluk, Madurai has inter alia contented that the petitioner has not produced the Destitute Widow Certificate from the competent authority viz., the Revenue Divisional Officer, a perusal of the interview letter in Na.Ka.No.355/m/2010 dated 09.11.2010 shows that the petitioner has been directed only to produce the said Certificate only from the Tahsildar, in addition to the other certificates. The interview letter of the third respondent dated 09.11.2010 is extracted hereunder: FHe;ijfs; tsh;r ;rp jpl;l mYtyfk; nkYhh; tl;lhuk; kJiu khtl;lk ; neh;fhzy ; miHg;g [ fojk; e.f.vz;.355/m/2010 ehs; :9.10.2010 bghUs; : gzpaikg;g [ ? xU';fpize;j FHe;ij tsh;r ;rp gzpfs; ? kJiu https://hcservices.ecourts.gov.in/hcservices/ 3 khtl;lk ; ? nkYhh; tl;lhuk; ? m';fd ;tho gzpahsh; ? neuo epakdk; ? neh;fhzy ; miHg;g [ rk;ge ;jkhf ghh;it : 1) kJiu khtl;l jpl;l mYtyh; mYtyh; mth;fspd; foj e.f. vz;. 1821?m1 ? 2010 ehs; 20.09.2010 2) j';fsJ tpz;zg ;gk ; ??????? xU';fpize;j FHe;ij tsh;r ;rp gzpfs; nkYhh; tl;lhuk; m';fd ;tho gzpahsh; gjtpf;fhd neh;fhzYf;F fPH;f ;fhZk; mry; rhd;WfSld; njh;t [f ;FG Kd;dpiyapy; nehpy; M$uhFk;go bjhptpf;fg ;gLfpwJ. ///// neh;fhzy ; ehs; 18.10.2010 fhiy 10.30 kzp 1. mry; fy;tpr ; rhd;Wfs ; 2. mry; gs;sp khw;Wr ; rhd;W 3. ,Ug;gplr; rhd;W FLk;g ml;il mry; kw;Wk ; b$uhf;! ; efy; (fzth; bgah;/Kfthpa[ld ;) xd;W bfhz;L tut[k ;. 4.tpjit. fztuhy; iftplg;gllth;. Mjutw;wth ; ,Ug;gpd; mjw;fhd rhd;W (tl;lhl;rpahplkpUe;J bgwg;gl ntz;Lk ;. 5.tUkhd rhd;W FHe;ij tshr;rpj ; jpl;l mYtyh; nkYhh; tl;lhuk;. kJiu khtl;lk ;. 8. When the Child Development Scheme Officer, Melur Taluk, third respondent herein herself has directed the petitioner to produce a Widow Certificate from the Tahsildar, It is not open her to turn around and contend the certificate produced by the petitioner was not in proper format, so as to extend the concession of relaxation of age by five years to consider her candidature for the post of Anganwadi Worker in Thereku Theru village or in some other places in Melur Taluk. The reason stated in the counter affidavit for not considering the case of the petitioner for the post of Anganwadi Worker is contrary to the directions contended in interview letter stated supra. Even otherwise, a perusal of the Income Certificate filed in parge No.7 of the typeset of papers along with supporting affidavit shows that the Deputy Tahsildar has issued an Income Certificate to the writ petitioner, wherein annual income is shown as Rs.12,000/- from the source of agricultural coolie. Had the scrutiny committee considered the annual income of the writ petitioner, which is less than the amount stated in the Explanation-1 of the Rule 12 of the Tamil Nadu State and Subordinate Service Rules, they could have come to a reasonable conclusion that the petitioner falls under the category of a Destitute Widow as the income of the petitioner, from all sources is less than the amount, stated in the rules. The petitioner is an agricultural coolie, and she is not expected to know that she has to obtain a certificate from the Revenue Divisional Officer, unless specifically directed to do so. https://hcservices.ecourts.gov.in/hcservices/ 4 9. Admittedly, in the case on hand, the petitioner has lost her husband on 04.12.2007 and that she has to bring up her two female children with a meagre income of Rs.12,000/- per annum only. Considering her plight and the certificates produced, as directed, the committee constituted for the purpose of selection ought to have considered her candidature and extended the age relaxation for appointment for the post of Anganwadi Worker. Failure to exercise the duty is per se apparent and consequently, the petitioner has made a case for the 'Mandamus'. She has acted as per the direction of the Tahsildar and produced a Widow Certificate as directed. For the fault of the Officer, the petitioner cannot be penalised and denial of an opportunity to consider her candidature for appointment to the post of Anganwadi Worker. The action of the respondents in not considering her case, is arbitrary and goes against the intention of the Government, wherein certain concession in the matter of extention of age is given. If destitute women are not extended the said concession, for such flimsy reasons, when the annual income earned is apparent on the face of record, issued by the revenue authorities then, the very object of providing concession would be defeated. When the respondent has directed the petitioner to produce only a certificate from the Tahsildar, blaming the petitioner, for not submitting a certificate from the Revenue Divisional Officer is arbitrary, unreasonable. 10. For the reasons stated supra, the mandamus is issued to the respondents to consider the case of the petitioner for the post of Anganwadi Worker in Therku Theru if it is not filled up or the Anganwadi Worker if she is otherwise qualified, appoint her anyone of other places in Melur Taluk in Melur District. 11. With the above observation, this Writ Petition is disposed of. No costs. ses Sd/- Assistant Registrar /True copy/ To Sub Assistant Registrar 1. The District Collector, Madurai District,Madurai. 2. The Project Officer, Madurai District, Madurai. 3. The Child Development Scheme Officer, O/o.Child Development Scheme, Vannamparaipatti) Melur Taluk, Madurai District. +1 cc to Mr.T.Lajapathi Roy, Advocate SR.No.22269. +1 cc to Special Government Pleader, SR.No.23347. W.P.(MD)No.5825 of 2011 Dated:08.07.2011 4P/6C RPB 18.07.2011[I.T.] https://hcservices.ecourts.gov.in/hcservices/