Allowed

S.Umamaheshwari W/O.S.Dhanapal v. Jt Director of Medical

Madras HC10 Nov 2011WP/49619/2006

Case brief

AI extract

What is this about?

The petitioners challenged a termination order issued after their appointment as Pharmacists, alleging violation of reservation rules. The Court quashed the termination order due to the petitioners' bona fide status and continuous service for 10 years.

What did the court decide?

Quashing of the termination order and direction to regularise services under Section 48 of Tamil Nadu Subordinate Services (Discipline and Appeal) Rules, 1955 within 12 weeks.

S.Umamaheshwari W/O.S.Dhanapal Vs Jt Director of Medical — Service and Employment | Madras HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 10.11.2011

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CORAM

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THE HONOURABLE MR. JUSTICE D. HARIPARANTHAMAN

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W.P.No.49619 of 2006

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1.S.Uma Maheswari 2.S.Ananthakumar .. Petitioners

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vs 1.The Joint Director of Medical Services, Government Hospital, Tiruppur 8, Coimbatore District.

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2.The Medical Officer, Government Hospital, Palladam, Coiombatore District.

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3.The Superintendent, Open Prison, Singanallur, Coimbatore 16.

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4.The Secretary, State of Tamil Nadu, Health and Family Welfare Department, Fort. St. George,

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Chennai – 9. .. Respondents

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The Original Application No.4930 of 2001 has been filed before the Tamil Nadu Administrative Tribunal and after abolition of the Tribunal, the same was transferred to this Court and renumbered as writ petition seeking relief to call for the records concerned from the respondents and quash the order of the first respondent bearing Na.Ka.No.5041/NE4/2000 dated 31.05.2001 terminating the services of the petitioners in so far as they are concerned and for a consequential direction to reinstate them in service with full backwages, continuity of service and all other attendant benefits.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioners ... Mr.Balan Haridas

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For Respondents ... Mr.V.Subbiah

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Special Government Pleader

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O R D E R

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This writ petition has been filed to call for the records concerned from the respondents and quash the order of the first respondent bearing Na.Ka.No.5041/NE4/2000, dated 31.05.2001 terminating the services of the petitioners in so far as they are concerned and for a consequential direction to reinstate them in service with full backwages, continuity of service and all other attendant benefits.

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2.This Court, suo motu impleaded the Secretary, State of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai 9.

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3.The petitioners were recruited through Employment Exchange as Pharmacist. They were appointed as Pharmacists by the appointment order dated 10.3.2001 issued by the first respondent. While so, the impugned order dated 31.5.2001 was passed by the first respondent terminating the services of the petitioners stating that while making appointment, the rule of reservation was not followed. The petitioners filed Original Application No.4930 of 2001 (W.P.No.49619 of 2006) before the Tribunal and obtained interim order on 16.8.2001. In view of the interim order passed by the Tribunal, the petitioners are continuing in service for the past 10 years.

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4.It is not the case of the respondents that the petitioners do not possess requisite qualification. It is not that they suppressed about their community. It is not the case that the petitioners obtained employment by making any misrepresentation. Furthermore, they are in service for the past 10 years. Therefore, the impugned order dated 31.05.2001 in Na.Ka.No.5041/NE4/2000 passed by the first respondent is liable to be quashed and accordingly the same is quashed. The fourth respondent is hereby directed to regularise the service of the petitioners by exercising his power under Section 48 of the Tamil Nadu Subordinate Services (Discipline and Appeal) Rules, 1955 within a period of 12 weeks from the date of receipt of a copy of this order.

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https://hcservices.ecourts.gov.in/hcservices/

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5.The writ petition is allowed in the above terms. No costs.

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Sd/-
Asst.Registrar.
/true copy/
Sub Asst.Registrar.
cla
To
1.The Joint Director of Medical Services,
Government Hospital,
Tiruppur 8,
Coimbatore District.
2.The Medical Officer,
Government Hospital,
Palladam,
Coiombatore District.
3.The Superintendent,
Open Prison,
Singanallur,
Coimbatore 16.
4.The Secretary,
State of Tamil Nadu,
Health and Family Welfare Department,
Fort. St. George,
Chennai – 9.
1 cc to Mr. Balan Haridas, Advocate, Sr.68432
1 cc to Government Pleader, Sr. 68659
W.P.No.49619 of 2006
VSN (CO)
kk 1/12

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https://hcservices.ecourts.gov.in/hcservices/

S.Umamaheshwari W/O.S.Dhanapal v. Jt Director of Medical

Case brief

What is this about?

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S.Umamaheshwari W/O.S.Dhanapal v. Jt Director of Medical

Case brief

What is this about?

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