M GOMATHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in the writ petition is for issuance of a writ of certiorarified mandamus, calling for the records on the file of the fourth respondent in connection with Ref. No. 20901/e1/2/1995, dated 5. 1. 1999 and on the file of the fifth respondent in connection with the order dated 15. 3. 2002 in O. A. No. 544 of 1999 and O. A. No. 503 of 2002 and quash the same and consequently direct the respondents to regularise the service of the petitioner with effect from 7. 9. 1993 by condoning the break in service and grant all consequential service and monetary benefits.

(2.) HEARD learned counsel for the parties.

(3.) THE petitioner belonging to the B. C. community and fully qualified was appointed as a Social Worker by the fourth respondent under Rule 10 (a) (i) of the Tamil Nadu State and Subordinate Service Rules by his proceedings dated 7. 9. 1993. The petitioner was sponsored by Employment Exchange. Subsequently she was removed for administrative reasons on 30. 11. 1995. On the basis of the appeal dated 31. 1. 1996 preferred by the present petitioner, by an order of the fourth respondent, she was again allowed to continue with effect from 28. 2. 1996 on condition that she will not claim any right by virtue of the temporary appointment and worked as such till 6. 1. 1999. The fourth respondent by proceedings dated 5. 1. 1999, on the basis of the instruction received from the second respondent passed an order of removal, solely on the ground that the petitioner belonged to the B. C. community, whereas, the vacancy is meant for SC/st community according to communal rotation. Subsequently, the petitioner filed O. A. No. 544 of 1999, wherein, by order dated 28. 1. 1999, the proceedings dated 5. 1. 1999 was stayed and the petitioner was allowed to rejoin on 10. 5. 1999.