M THAGIR NISHA Vs. STATE; DISTRICT EDUCATIONAL OFFICER, THIRUVARUR; HEAD MASTER, GOVERNMENT HIGH SCHOOL, KATTIMEDU

JUDGEMENT

(1.) The writ petition is filed for quashing the impugned order passed by the third respondent and to direct the respondents to reinstate the petitioner in service with all service and monetary benefits and to pay the salary for the period from 1.9.2000 till 7.2.2002.

(2.) The petitioner was appointed as part time Sweeper on 1.9.1986 in Government High School, Kattimedu, Thiruthuraipoondi, having the third respondent as its Headmaster, in the resigned vacancy. The petitioner was paid the consolidated pay of Rs.485/- per month and she served in such capacity for nearly 16 years in the third respondent school till 7.2.2002, the date on which the impugned order came to be passed, in and under which, the third respondent terminated the petitioner from service on the ground that her appointment was not in accordance with the Rules, as she has not been appointed through employment exchange. Aggrieved against the same, the petitioner approached the Tamil Nadu Administrative Tribunal by way of O.A.No.4444/2002 and the same was subsequently transferred to this court by way of the present writ petition.

(3.) According to the learned counsel for the petitioner, the petitioner, having fulfilled all the requirements such as age, educational qualification etc., was appointed by the third respondent to meet the exigencies of day today requirements and her appointment was as against the regular vacancy. Though she was named as part time sweeper, she was compelled to do all kinds of maid work from 7.00am to 3.00pm daily without any adverse remarks and without any warning or reprimand and she has been terminated from service without any show cause notice, enquiry and due opportunity of being heard and the same is hence illegal, arbitrary, contrary to law and in violation of the principles of natural justice.