K SAROJAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD Mr. C.S. Lenin, the learned counsel appearing for the petitioner and Mr. S. Gopinathan, the learned Additional Government Pleader appearing for the respondents.

(2.) THE challenge made in this Writ Petition is to a proceeding of the first respondent made in Letter No. 23064/E1/2006-07, dated 3.7.2008, whereby, the representation of the petitioner dated 17.9.2007 was examined by the first respondent, as per the orders of the Madurai Bench of Madras High Court, dated 19.2.2008 made in W.P. (MD) No. 1424 of 2008, and an order was passed rejecting the request of the petitioner. THE same is sought to be quashed by the petitioner in this writ petition. THE petitioner also sought to direct the respondents to give notional promotion to her husband w. e.f. 1983 on par with his immediate junior and grant all monetary benefits due to him.

(3.) THE further case of the petitioner is that for the second charge, the petitioner's husband was awarded with a minor punishment of stoppage of two years increment, without cumulative effect, by the District Collector, Kanyakumari in proceedings No. D6.56656/83, dated 18.9.1984. Aggrieved by the said order, the petitioner's husband filed an appeal before the second respondent on 18.1.1985. THE second respondent, by proceedings in D.Dis. 155103/85 B-1, dated 4.5.1987, set aside the order of stoppage of two years increment and directed the District Collector, Kanyakumari, to conduct de nova enquiry. THE Collector, Kanyakumari, in a vindictive manner framed charges against the petitioner's husband alone under Rule 17(b) of the Tamil Nadu Civil Services (Classification, Control and Appeal) Rules, while, for the other two accused officers, charges were framed only under Rule 17(a), thereby, showing discrimination. THE District Collector, Kanyakumari District, conducted enquiry on the second charge memo and the punishment imposed on the petitioner's husband was reduced into a minor punishment of "Censure" vide proceedings in R.O.C. No. D6.68610/88, dated 9.7.1989.