LAWS(MAD)-2011-9-93

R SRIMATHI Vs. DIRECTOR OF RURAL DEVELOPMENT SAIDAPET

Decided On September 07, 2011
R Srimathi Appellant
V/S
Director Of Rural Development Saidapet Respondents

JUDGEMENT

(1.) THE petitioner was appointed in the third respondent/Kelamangalam Panchayat Union, Krishnagiri District as a Typist on daily-wages basis with effect from 1.5.1989. Thereafter, she moved the State Administrative Tribunal with O.A.No.1984 of 2002. The prayer in the original application was for a direction to regularise her services in the post of Typist with effect from the initial date of appointment.

(2.) IN view of the abolition of the Tribunal, the matter stood transferred to this Court and was renumbered as W.P.No.30682 of 2006. At that time, the third respondent filed a counter affidavit saying that the petitioner herself stayed away from work from April, 2002 and hence, the question of removing her from service does not arise. It was also stated that she was not entitled to any benefit. However, this Court did not go into the merits of the case, but merely observed that the respondents should be directed to consider the case of the petitioner in accordance with law vide order dated 20.3.2007.

(3.) IT is pursuant to the said direction, the third respondent informed that it is only the District Collector who can pass appropriate orders pursuant to the direction issued by this Court. It was thereafter the petitioner's counsel sent a legal notice to the District Collector and the District Collector, Krishnagiri, by the impugned order dated 25.2.2009, informed the petitioner that the petitioner was not eligible for any restoration to service and conferment of permanent status in the light of G.O.Ms.No.22, Personnel and Administrative Reforms Department, dated 28.2.2006. Therefore, the petitioner is once again before this Court.