S. NAGAJOTHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The main grievance of the Writ Petitioner is that her period of maternity leave during probation period should be treated as duty period. Therefore, her seniority should be restored and Seniority List published by the Respondent should be quashed and rejection Order passed by the Respondent should be set aside.

(2.) The Petitioner is originally appointed as Assistant (DRA) in the Tiruvallur District on 3/1/2023. In that cadre, she has completed the probation on 9/2/2016. After reorganisation of Chennai District, the Petitioner was transferred to Chennai District, she joined the duty on 9/8/2018. The Petitioner was promoted as Deputy Tahsildar in Chennai district from 7/1/2019 and she was in the period of probation for the period of two years. However, during the probation period, she availed the maternity leave for a period of nine months from 7/3/2020 to 1/12/2020 as per the G.O.Ms. No.154, Personnel and Administrative Reforms (FR-II) Department, dtd. 5/12/2017. After the period of maternity leave, the Petitioner's service has been regularised and her probation was declared in the cadre of Deputy Tahsildar on 6/1/2022. Hence, it is the grievance of the Writ Petitioner that her leave period from 7/3/2020 to 1/12/2020 was not treated as full service period for the purpose of declaration of completion of full service.

(3.) According to the Petitioner, if the said period is counted as duty, her probation would be completed on 6/4/2021. The crucial date of promotion for the post of Deputy Tahsildar is 30/6/2021. The panel was prepared by the Fifth Respondent on 9/5/2022. However, the Petitioner's name has been omitted. Thereafter, all her juniors have been promoted as Tahsildars based upon the Seniority Panel. Hence, the impugned Order has been challenged.