R RENGAGOWRI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner filed O.A.NO.3546 of 2001 challenging the order dated 23.05.2001, wherein and by which she was reverted from the post of Junior Assistant to that of Office Assistant by the second respondent- Commissioner of Labour, Labour Department, Chennai.

(2.) THE Tribunal admitted the O.A., on 08.06.2001 and granted an interim stay of the order of reversion. Subsequently, the said order came to be continued until further orders by a further order dated 22.06.2001.

(3.) INSPITE of the fact that she was qualified to the post of Junior Assistant, her application was considered in the light of G.O.Ms.No.1489 Labour and Employment Department dated 03.08.1989. In the said G.O., the Government has stated that in case of appointment on compassionate ground, if at the time of application only lower post was available, subsequently, if the candidate possess the qualification required for the higher posts, such candidates can be considered for higher posts like Junior Assistant, Typist. Based on the said G.O., the petitioner's qualification was considered and she was appointed as Junior Assistant on 04.11.1998. Thereafter, a proposal was sent to the Government for regularising the services of the petitioner in the post of Junior Assistant as ratification of the State Government is necessary. When such a proposal was sent to the State Government, the State Government did not give ratification for the reason that the petitioner had been appointed as Office Assistant and joined duty on 17.06.1996. Though 17.06.1996 has been mentioned in the S.S.L.C. Certifiction, there could not have been possibility of getting the certificate on that date ; she had applied for the post of Junior Assistant only on 22.01.1997. Therefore it was stated that she did not have the qualification on the date of entry.