V MEENAKSHI Vs. DIRECTOR OF SOCIAL WELFARE

JUDGEMENT

(1.) THE petitioner was appointed as a Child Welfare Organiser (Balasevika) in the year 1971. In the year 1998, she was promoted as Rural Welfare Officer. For promotion to the post of Rural Welfare Officer, one should possess SSLC as the minimum educational qualification. THE petitioner produced the required certificate. Based on the same, she was promoted as Rural Welfare Officer in the year 1998. THE petitioner reached the age of superannuation on 31.5.2011 and she has to retire on the same day. On the eve of her retirement, she was placed under suspension by the respondent by the impugned order dated 31.5.2011 issued under Rule 17(e) of the Tamil Nadu Subordinate Services (Discipline and Appeal) Rules. THE respondent also issued an order dated 31.5.2011 under Fundamental Rules 56 (1) (c) not permitting the petitioner to retire from service on her reaching the age of superannuation i.e on 31.5.2011. THE petitioner was also issued with a Charge Memo in RC.No.27034 /Admn./5-3/2009 dated 31.5.2011 on the same day under Rule 17(b) of the Tamil Nadu Subordinate Services (Discipline and Appeal) Rules, by the respondent.

(2.) THE allegations made in the charge memo are that the petitioner produced a bogus SSLC certificate to get promotion to the post of Rural Welfare Officer and has thus violated Rule 20 of the Tamil Nadu Government Servants Conduct Rules 1988. Hence, the petitioner has filed the writ petition to quash the aforesaid orders dated 31.5.2011.

(3.) THE petitioner was issued with a Charge Memo dated 31.5.2001 alleging that she produced bogus SSLC certificate to get promotion to the post of Rural Welfare Officer in the year 1998. THE Charge Memo was issued under Rule 17(b) of the Tamil Nadu Subordinate Services (Discipline and Appeal) Rules. Annexure 3 of the Charge Memo provides two documents to establish the charges on the petitioner. One is the report of the Director of Government Examinations in letter No.031783/V2/1999, dated 9.5.1999 and the other one is the SSLC certificate produced by the petitioner in Register No.478751/TMR Code No.A 059241 dated 21.12.1995. THE Charge Memo was issued based on the aforesaid letter dated 9.5.1999 issued by the Director of Government Examinations. THE letter of the Director of Government Examinations is dated 9.5.1999. THE petitioner has to retire on 31.5.2011. THE respondent waited for 12 long years without any reason to take action. THE petitioner has questioned the action of the respondent stating that the belated action taken by the respondent after twelve years is illegal.