IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 30.08.2006 CORAM THE HONOURABLE MR. JUSTICE P. JYOTHIMANI W.P.No.29288/2006 & M.P.1/2006 R.Mathina .. Petitioner Vs 1.The Government of Tamilnadu rep.by its Secretary to Government, Social Welfare and Nutrition Meals Scheme Dept., Fort St.George, Chennai 600009. 2.The Commissioner/Director of Social Welfare, Directorate of Social Welfare, Chepauk, Chennai 600005. 3.The District Social Welfare Officer, Vellore District, Vellore. .. Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of certiorari calling for the records pertaining to the order bearing Se.Mu.Na.Ka.No.15801/Nir 5(3)/2001 dated 6.12.2005 of the first respondent herein and quash the same with consequential benefits. For Petitioner : Mr.V.Suthakar For Respondents: Mr.A.Edwin Prabhakar, GA ORDER
The writ petition is filed challenging the impugned order of the 2nd respondent dated 6.12.2005 by which the petitioner was dismissed from Government service on the basis that she has produced the bogus SSLC certificate. That order was passed after the charge was framed against her and explanation was submitted. However, according to the petitioner the order of dismissal was passed only on surmises without any evidence to show that the SSLC certificate produced by the petitioner is bogus. A reference to the impugned order of the 2nd respondent would show that as against that order, the petitioner can file an appeal before the 1st respondent.
2.The learned counsel for the petitioner would submit that in fact the petitioner has preferred an appeal before the 1st respondent on 22.2.2006 and the 1st respondent has not passed any order. The learned counsel would further submit that the petitioner was employed as Child Welfare organiser from 1978 for which the educational qualification required is a pass in VIII standard. However, when she was posted to the next post of the Rural Welfare Officer (Women) for which the required qualification was SSLC pass and it was regarding that post, that the SSLC certificate was scrutinised by the respondents who found that it was a bogus certificate and an order of dismissal was passed.
3.The learned counsel would submit that even assuming that the petitioner is not eligible for the post of Rural Welfare Officer(Women) for which SSLC pass is the required qualification, as far as the previous post which was held by the petitioner is concerned, viz., the Child Welfare Organiser, for which the minimum qualification required is VIII standard pass, which post, in fact the petitioner has been holding from 1978 onwards, a direction can be given to the respondents to revert the petitioner to the Child Welfare Organiser post instead of giving effect to the impugned order of dismissal.
4.On the other hand, Mr.A. Edwin Prabhakar, learned Government Advocate would submit that inasmuch as an appeal has been filed by the petitioner against the impugned order of the 1st respondent, a direction can be given to the 1st respondent to consider the subsequent claim of the petitioner also in respect of the reverted post and if she was otherwise qualified, the first respondent can decide the issue.
5.Having considered the submissions made on either side, the 1st respondent is directed to consider the appeal of the petitioner dated 22.2.2006 against the order of the 2nd respondent dated 6.12.2005 and pass appropriate orders by giving an opportunity to the petitioner, within a period of six weeks from the date of receipt of a copy of this order. However, it is made clear that in the event of the petitioner making a claim before the 1st respondent that she may be considered for the reverted post to Child Welfare
P. JYOTHIMANI, J.
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Organiser which post she was holding from 1978 onwards, for which the required qualification is VIII standard pass, the same shall also be considered while disposing of the appeal, if she is otherwise qualified.
6. With the above direction, the writ petition is disposed of.No costs. Consequently, connected M.P.is closed.
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To
1.The Secretary to Government,
Social Welfare and Nutrition Meals Scheme Dept.,
Government of Tamilnadu
Fort St.George, Chennai 600009.
2.The Commissioner/Director of Social Welfare,
Directorate of Social Welfare,
Chepauk, Chennai 600005.
3.The District Social Welfare Officer,
Vellore District, Vellore.
[VSANT 7711]