LAWS(MAD)-2007-11-146

K T MANIMEGALAI Vs. GOVERNMENT OF TAMIL NADU

Decided On November 12, 2007
K.T.MANIMEGALAI Appellant
V/S
REGISTRAR TAMIL NADU ADMINISTRATIVE TRIBUNAL Respondents

JUDGEMENT

(1.) AGGRIEVED of the order passed of the Tribunal dated 15. 7. 2003 rejecting the monetary benefits to the petitioner, the present writ petition is filed.

(2.) THE petitioner was appointed as Secondary Grade teacher, Government Orphanage, Virudhunagar at the age of 33 years. As per the special rules framed under G. O. Ms. No. 648 rural Development and Local Administration Department dated 18. 3. 1967 the upper age limit prescribed for the post is 30 years. Though the writ petitioner has crossed the age limit, she was appointed and continued as such from 1985. The Director of Social Welfare department by letters dated 26. 6. 1989 and 9. 9. 1989 recommended for relaxing the age for regularisation of the services of the petitioner. The government on consideration of the recommendation of the director of Social Welfare dated 9. 9. 1989, by G. O. Ms. (D)No. 18 dated 11. 1. 1991 relaxed the age of the petitioner by exercising the powers conferred under Rule 48 of the General rules. Accordingly a consequential order was issued on 20. 3. 1991 relaxing the age of the petitioner and regularising her services in the category of Secondary Grade teacher with effect from 11. 1. 1991 i. e. from the date of government Order. Aggrieved of the above, the writ petitioner approached the Tribunal.

(3.) THE Tribunal on consideration of the facts and circumstances of the case rejected the claim of the petitioner for monetary benefits, holding that her initial appointment was irregular; only on relaxation of her age, her services were regularised; for the purpose of pension only the earlier irregular service of the petitioner was taken into consideration and there is nothing illegal or improper in issuing the impugned Government Order. Aggrieved of the above, the present writ petition is filed.