1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:01.02.2011 CORAM THE HONOURABLE MR.JUSTICE V.DHANAPALAN WP.No.1154 of 2011 and MP.Nos.1 and 2 of 2010 Singaselvi W/o.Kasirajan Nariyan Suprayapuram, Abiramam Post, Kamuthi Taluk, Ramanathapuram District. :Petitioner -Vs- 1.The Special Commissioner and Secretary to Government, Social Welfare & N.N.P.(S.W.7) Department, Secretariat, Chennai. 2.The District Collector, Ramanathapuram District, Ramanathapuram. 3.The District Program Officer, Social Welfare and Nutritious Meal Program, Ramanathapuram. 4.The District Child Development Project Officer, Ramanathapuram District. :Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to direct the respondents to consider the petitioner for appointment of Anganwadi Worker by giving age relaxation as per G.O.Ms.No.98 P & AR department dated 17.07.2006. For Petitioner :Mr.B.Pugalendhi For Respondents:Mr.V.Rajasekaran,Special Government Pleader ORDER By consent the Writ Petition itself is taken up for final disposal. Heard Mr.B.Pugalendhi, counsel for the petitioner and Mr.V.Rajasekaran, Special Government Pleader for the respondents. 2.A direction has been sought for by the petitioner to direct the respondents to consider the petitioner for appointment of Anganwadi worker by giving age relaxation by virtue of the Government order in G.O.Ms.No.98 P&AR department, dated 17.07.2006. 3.According to the petitioner, she is residing at Nariyan Suprayapuram, Abiramam Post, Kamuthi Taluk, Ramanathapuram District and she belongs to Backward community. For the posts of Anganwadi Workers, there was an announcement on 07.12.2010 in the Dinakaran Newspaper, therefore, she made an application to the third respondent on 13.12.2010 and the same was received by the authorities and the age limit for the post was fixed as 35 years as on 30.11.2010. As per the Government order in G.O.Ms.No.98, she is entitled for five years relaxation and https://hcservices.ecourts.gov.in/hcservices/ 2 having not received any positive response from the respondents, she has approached this Court for the above direction. 4.The learned counsel for the petitioner at the outset submits that the question of granting five years relaxation is no longer res integra in view of the decision of the Division Bench of this Court in Writ Appeal No.352 of 2010 dated 05.08.2010, where the Division Bench has upheld the relaxation of the age by virtue of the Government order in G.O.Ms.No.98. Therefore, he submits that the petitioner is entitled to have the benefit of relaxation. 5.The learned Special Government Pleader, on instruction and on going through the material documents annexed in the typed set of papers and on giving due consideration to the Division Bench of this Court referred to above, submits that the issue in question in this petition is covered by the decision of the Division Bench of this Court. 6.I have heard the learned counsel on either side and also perused the materials available on record. 7.Admittedly, it is not in dispute that the petitioner belongs to Backward community and she had applied for the post of Anganwadi worker and she made an application to the fourth respondent on 13.12.2010 and she also claims age relaxation based on the above category. While that being so, it is for the respondents to take into consideration the claim of the petitioner in the light of the Government order in G.O.Ms.No.98 dated 17.07.2006. 8.From the perusal of the records and also by giving due consideration to the issue in question, it is necessary to refer the decision of the Division Bench of this Court in the Writ Appeal referred to above, wherein, in paragraph Nos. 7 and 8, it is held as follows: “7.Admittedly, the Government has issued G.O.Ms.No.98, Personnel and Administrative Reforms Department, dated 17.07.2006 granting five years age relaxation and as far as the respondent is concerned, she belongs to Scheduled Caste Community, and therefore, as per the said Government Order she is entitled for age relaxation of five years. Though the learned Government Advocate has taken a stand saying that this Government Order will not have an application to the post of Nutrition Assistant, it was not the case of the appellants before the learned Single Judge that there was no ban for appointment to the post of Nutrition Assistant and no such ground was made in the memorandum of grounds of Writ Appeal. Therefore, we are of the considered view that a stand with regard to this should have been taken either before the learned Single Judge or in the memorandum https://hcservices.ecourts.gov.in/hcservices/ 3 of grounds of Writ Appeal. But there is no whisper to that effect. 8.Under such circumstances, we are not able to accept the said stand of the learned Government Advocate. However, as per the said Government Order, the respondent is eligible for five years age relaxation. If this benefit is extended to the respondent, her claim will come within the zone of consideration. Basing on this alone, the learned Single Judge has allowed the said Writ Petition. As such, we do not find any infirmity in the order of the learned Single Judge, and therefore, confirming the order dated 30.11.2009 made in W.P.(MD) No.6464 of 2009, the Writ Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. “ 9.In the light of the above stated position, this Writ Petition is disposed of with a direction to the fourth respondent to grant five years age relaxation to the petitioner as per the Government Order in G.O.Ms.No.98 dated 17.07.2006 by taking into account the decision of the Division Bench of this Court and pass appropriate orders in accordance with law within a period of two weeks from the date of receipt of a copy of this order considering the urgency involved in this matter. No costs. Consequently connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (P&A) / TRUE COPY / Sub Assistant Registrar To: 1.The Special Commissioner and Secretary to Government, Social Welfare & N.N.P. (S.W.7) Department,Secretariat,Chennai. 2.The District Collector,Ramanathapuram District,Ramanathapuram. 3.The District Program Officer, Social Welfare and Nutritious Meal Program, Ramanathapuram. 4.The District Child Development Project Officer, Ramanathapuram District. +1CC to The Special Government Pleader. SR.No.4065. RR WP.No.1154 of 2011 and MP.Nos.1 and 2 of 2010 RP/09.02.2011/3P/6C.01.02.2011. https://hcservices.ecourts.gov.in/hcservices/