N SHAHIDA BEGUM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PRAYER in the writ petition is to issue a writ of certiorarified mandamus calling for the records relating to the order dated 31. 12. 2002 and the consequential order dated 14. 9. 2005 passed by the second respondent and quash the same and direct the second respondent to pay the full pension and other pensionary benefits due to the petitioner.

(2.) THE brief facts necessary for disposal of the writ petition are as follows. (a) Petitioner while working as Civil Assistant Surgeon, attached to the Government Hospital, Kaveripattinam, Dharmapuri District, received a charge memo dated 21. 8. 1990 on the allegations that while she was working in the Government Hospital, Sendamangalam, demanded a sum of Rs. 50/- and accepted rs. 30/- from one Perumal @ Singaram, Son of Ramasamy Gounder of Perumalpalayam for admitting her wife as an inpatient in the Government Hospital, and that demanded Rs. 50/- and accepted Rs. 30/- from one Ganesan, Son of Chinna Goundar, muthuganapathy, who took his mother to the Hospital, Sendamangalam for treatment. On the said allegations, charges were framed against the petitioner and an enquiry was conducted. Thereafter, petitioner was terminated from service by the order of the first respondent issued in g. O. Ms. No. 1757 Health, Indian Medicine, Homeopathy and Family Welfare department, dated 9. 9. 1988. (b) The said order of termination was challenged by the petitioner in W. P. No. 12061 of 1988 and after constitution of Tamil Nadu State administrative Tribunal, the same was transferred to the file of Tribunal and renumbered as T. A. No. 950 of 1989. The Tribunal by order dated 11. 12. 1989, set aside the order of punishment and held as follows,

(3.) THE writ petition was posted on 6. 3. 2006, 7. 3. 2006, 13. 3. 2006 and 20. 3. 2006, but no counter affidavit was filed. On instructions, the learned Government Advocate argued the matter.