M MEENAKSHI Vs. DISTRICT COLLECTOR MADURAI DISTRICT

JUDGEMENT

(1.) THE Petitioner served as a Cook in the Noon Meal Scheme in the second respondent Panchayat Union for 17 years. According to the petitioner, in January 2000, the second respondent forced her to resign the job in order to bring in a person of his choice. But the petitioner declined to do the same. Later, the impugned order dated 18.07.2000 was passed by the second respondent, stating that the date of birth of her daughter is 08.07.1956 and her daughter's age was 44 years and hence, the age of the petitioner should have been 62 years as on 30.06.2000. Stating so, the second respondent terminated the service of the petitioner by the impugned order dated 18.07.2000 and it is stated therein that the petitioner rendered more than 4 years of service as she was 62 years as on 30.06.2000. THE petitioner was relieved from service i.e. 30.06.2000.

(2.) THEREFORE, the petitioner filed an Original Application in O.A.No.4205 of 2001 before the Tamil Nadu Administrative Tribunal to quash the aforesaid order dated 18.07.2000 of the second respondent. While ordering notice of motion on 05.07.2001, the Tribunal granted stay. Though the said order was not complied with initially when a contempt petition was filed, the same was complied with and the petitioner was permitted to continue as Noon Meal Organiser. Thereafter, she retired from service on 30.06.2002. On abolition of the Tamil Nadu Administrative Tribunal, the matter was transferred to this Court and renumbered as W.P.No.49425 of 2006.

(3.) IN these circumstances, the impugned order is liable to be quashed. Accordingly, the impugned order is quashed. It is stated that the petitioner is not paid salary though she worked in the second respondent Panchayat. IN view of the fact that the impugned order is quashed, the respondents are directed to pay salary upto 30.06.2002 i.e. the date of retirement, along with the terminal benefits, if any payable to the petitioner. The respondents are directed to pay the monetary benefits arising out of this order, within a period of 12 weeks from the date of receipt of a copy of this order.