MARY MATHEW Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The order dated 20.10.2011 passed by Karnataka Administrative Tribunal in Application Nos.4870/2011 is called in question in this writ petition. By the impugned order, the Tribunal has confirmed the order of discharge issued against the petitioner herein.

(2.) Petitioner joined the services in the respondent Department as Management Staff Nurse as per the Notification dated 20.1.1983; by virtue of Official Memorandum dated 16.2.1983, she was posted to work at Chaluvamba Hospital at Mysore. On 18.04.2011, the petitioner was issued with show -cause notice by the Director, Department of Health and Family Welfare Services alleging that the petitioner is required to pass Kannada Language examination, but she did not pass the Kannada Language examination. Accordingly, she was asked to show -cause as to why her services should not be terminated. The petitioner submitted her representation on 27.04.2011 and explained that she had been tested of her Kannada knowledge at the time of her initial appointment and as such she requested to exempt her from passing the Kannada language examination. However, being dissatisfied by the explanation offered by the petitioner, the Department discharged her from service on 13.6.2011 (Annexure A -6) on the ground that she did not pass Kannada language examination and on 20.06.2011 she was relieved from her duties. Though the petitioner submitted one more representation to the 2nd respondent, the same was not considered in favour of the petitioner. Hence the petitioner approached the Karnataka Administrative Tribunal by filing Application No.4780/2011 praying for setting aside the order of discharge issued against her and for other consequential reliefs. By the impugned order, the Tribunal has dismissed the application No.4780/2011. Hence this writ petition.

(3.) As mentioned supra, as per the Official Memorandum dated 20.1.1983, vide Annexure A -1, the petitioner and others were appointed as Nurses inasmuch as they had completed the General Nursing Training Course and had passed the Kannada language test. The relevant portion of the order of appointment/Official Memorandum dated 20.1.1983 reads thus : "Official Memorandum Subject: Appointment of Nurses; The following candidates who have successfully completed the General Nursing Training Course, including Midwifery/psychiatric Nursing Examination are appointed purely on temporary basis, as staff nurses in the pay scale of Rs.750 -25 - 800 -3 -950 -50 -1200 -60 -1500 with usual admissible allowances and posted to the places noted against their names. They will be on probation for two years. Bond period is as indicated in the bond executed to the time of joining training. The candidates are directed to report themselves for duty in the concerned offices, with all their original certificates and other testimonials in support of their age, qualification, etc., within 30 days from the date of receipt of this official memorandum. Each candidate will give in writing that, she has not married to a person, who has already one living wife, if married. In case of male nurse he will give in writing that he does not have more than one wife living if married. Such of the candidates who, absented themselves for Kannada language test, or those who appeared for the test but failed, their appointment is deferred. The same has been indicated against their names." The underlined portion mentioned supra makes it amply clear that in case of the candidates who have appeared for test, but have failed, their appointment was deferred. As is clear from Appointment order/Official Memorandum (Annexure A1) dated 20.1.1983, the appointment of number of candidates was deferred in view of non passing of Kannada Language test. For Eg., Smt. Lakshmamma K, Smt. R.K. Sharada, Smt. Martina Dsa, Smt. Sugandha Bai, Smt. Bellary Bandamma, Smt. Geetha Boraiah etc., though they were selected as nurses their appointments were deferred. It is specifically mentioned in the order dated 20.1.1983 that the appointment of such candidates are deferred, in view of the non -passing of Kannada Language test. Wherein as the name of the petitioner figures at Sl.No.156, her appointment was not deferred, on the other hand, she was posted to the General Hospital, Belur, Hassan District, which was later modified and the petitioner was shifted to Chaluvamba Hospital, Mysore. Thus it is clear from the appointment order dated 20.1.1983 (Annexure A1) that in the case of candidates, who have not passed Kannada Language test, their appointment was deferred. The candidates who have passed Kannada Language test at the time of initial appointment are issued with appointment orders and posted to different places. As the petitioner had completed Kannada language test, she was posted to General Hospital, Belur, as Nurse and later she was transferred to Chaluvamba Hospital, Mysore. Therefore, it is amply clear that at the time of appointment itself the petitioner had passed the Kannada Language test.