U.RAJESWARI Vs. CHILD DEVELOPMENT PROJECT OFFICER

JUDGEMENT

(1.) The Writ Petition has been filed for a direction to the respondent to permit the petitioner to join duty as Community Nutrition Helper and direct the period from 14.06.2004 till the petitioner is permitted to join duty as a period spent on duty and grant all consequential benefits to the petitioner.

(2.) It was the case of the petitioner that she was appointed as Community Nutrition Helper in the year 1984 and pursuant to her illness, she availed medical leave from 01.11.2003 to 13.06.2004. After her recovery, she expressed her willingness to join duty by way of submission of representation dated 14.06.2004, duly supported by a certificate of fitness, issued by a Civil Surgeon, Government Hospital, Ambur. It was further case of the petitioner that though she was permitted to join duty at Vannianathapuram Centre, Mittalam, Pernambattu Block from 14.06.2004, she was not paid any salary for the work done for want of written order. It was the grievance of the petitioner that till now, no order has been issued to her inspite of the fact that neither any disciplinary proceeding is pending against her for the absence nor was she placed under suspension. It was also the case of the petitioner since the employer-employee relationship is still in existence and her services had not been terminated for the aforesaid absence, she claims that she is entitled to the relief sought for in this Writ Petition.

(3.) The respondent has filed a counter affidavit, wherein it has been stated that the petitioner stayed away continuously for more than six months and on the basis of the order of the District Collector, she was terminated from service by proceedings dated 2710.2005 in K.Dis.No.2172/A/04. It was further stated that the petitioner was appointed on temporary basis with the following conditions: