A former Junior Assistant who had rendered about 14 years of service sought quashing of a rejection letter and direction for her absorption as Junior Assistant. The court noted she had aged beyond service years by hearing and that the post fell within TNPSC purview, and dismissed the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P. No.30429 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-06-2024
CORAM
THE HONOURABLE MRS. JUSTICE R. KALAIMATHI
W.P. No.30429 of 2012 and M.P. Nos.1 and 2 of 2012
C.B. Kousalya Bai
... Petitioner
-vs-
... Respondents
Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of CERTIORARIFIED MANDAMUS, to call for records relating to the 1st respondent's proceedings made in Letter
Page 1 of 5
W.P. No.30429 of 2012
No.4276/SW 8/ 2009-14 dated 20.06.2012, to quash the same and consequently direct the respondents to consider the claim of the petitioner for absorption as Junior Assistant under the control of 1st and 2nd respondents.
For Petitioner : Mr. L. Chandrakumar For Respondents 1 and 2 : Mr. V. Veluchamy (Advocate Government Pleader) For Respondent 3 : Mr. K. Ranjith Kumar (for R. Baranidharan)
O R D E R
The proceedings made in Letter No.4276/SW 8/ 2009-14 dated 20.06.2012 issued by the first respondent is under challenge.
she was placed on probation on 28.09.1995 and on 04.12.1996, her probation was declared that she has satisfactorily completed her probation. While so, without any order in writing, she was stopped from services. Upon
Page 2 of 5
W.P. No.30429 of 2012
her representation dated 04.11.2008, the second respondent in and by letter
No.20215/B1/2008 dated 25.03.2009 sought for absorption of the petitioner
in the category of Junior Assistant as per Rule in an existing vacancy in the teeth of the fact that she had rendered 14 years of such services. The said proposal instead of being considered, in letter and spirit was rejected on the ground that the post of Junior Assistant falls within the purview of TNPSC. The said order is impugned in this writ petition.
for the petitioner, Mr. V.Veluchamy, learned Advocate Government Pleader appearing for respondents 1 and 2 and Mr. K.Ranjith Kumar appearing for Mr. R.Bharanidharan for the third respondent.
year 2012, now, she is 60 years old and also the post of Junior Assistant falls within the purview of TNPSC.
Page 3 of 5
W.P. No.30429 of 2012
06-06-
2024
Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Neutral Citation : Yes/No stn
To
Page 4 of 5
W.P. No.30429 of 2012
R. KALAIMATHI, J.
stn
W.P. No. 30429 of 2012
06-06-2024
Page 5 of 5
1 issue framed by the court
Whether the petitioner, whose probation was completed and who was later stopped from service, was entitled to absorption as Junior Assistant despite the post falling within TNPSC's purview.
1 provisions across 1 enactments
C.B. Kousalya Bai
THE STATE OF TAMILNADU rep. by the Secretary Social Welfare Department
THE COMMISSIONER OF SOCIAL DEFENCE
THE SECRETARY, Tamilnadu Public Services Commission
R. Kalaimathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
