D DHANALAKSHMI Vs. CHAIRMAN AND MANAGING DIRECTOR

JUDGEMENT

(1.) THE petitioner has prayed for quashing the order dated 3. 9. 1996 in Proc No. 9789/eb4. 96 and for a consequential direction that she should be reinstated with backwages and attendant benefits.

(2.) THE facts giving rise to the present writ petition are as follows: -The petitioner was appointed as (personal clerk) Steno typist Grade-III in the office of the Chairman and Managing Director of the Tamil Nadu Small Industries Development Corporation Ltd. , with effect from 22. 7. 1994 in the scale of pay of Rs. 1200-30-1560-40-2040 along with special pay and other allowances as applicable under the Rules and Regulations of the Tamil Nadu Small Industries Development Corporation, hereinafter referred to as "the Corporation", by order dated 17. 8. 1994. By Proceedings No. 12680/ea1/95 dated 29. 6. 1995, it was declared that the petitioner had completed the period of probation on 29. 6. 1995 and was declared as the approved probationer. Thereafter, by Proceedings dated 22. 7. 1995, she was sanctioned first increment with effect from 1. 7. 1995. While she was working, by order dated 3. 9. 1996, she was ousted from service for want of vacancy. Even though the petitioner made several representations, no further orders were passed and she was not permitted to join duty.

(3.) THE main ground of attack in the writ petition is that since she has completed the period of probation and had been appointed in the existing vacancy, she should not have been ousted from service on the false guize "for want of vacancy". It is further contended that the impugned order is illegal as one month notice or payment of one month salary in lieu thereof had not been issued in accordance with Clause 5 of the appointment order dated 17. 8. 1994. It is further indicated that there were several vacancies available and terminating her service on the ground that there was no vacancy was not permissible. It is contended that the impugned order of ouster from service was politically motivated and after resignation of the Chairperson, action was taken against her.