D RAJAMMA Vs. DIRECTOR OF SOCIAL WELFARE CHEPAUK

JUDGEMENT

(1.) HEARD the arguments of Mr. S.M. Subramaniam, learned counsel appearing for the petitioner and Mr. M. Dhandapani, learned Special Government Pleader representing the first respondent and have perused the records.

(2.) THE writ petitioner was employed as Auxiliary Nurse Midwife in Project I in Royapuram under the Social Welfare Department. She was charge -sheeted with a charge -memo under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules [for short, 'Rules']. The charge as against the petitioner was that she was having Telugu as her mother tongue and, therefore, she should have passed the language test, viz., Tamil, before the completion of her probation period, ie., within three years, viz., period of probation. It is stated that she could not pass the language test within five years and, therefore, the charges were made in terms of Rule 12(A)(b) of the General Rules of the Tamil Nadu State Subordinate Services. It is this charge memo which was under challenge before the Tribunal.

(3.) CONSIDERING the fact that the petitioner had put in 25 years of service and also claims to have proficiency in spoken Tamil, we do not think that the respondent should proceed with the charge -memo under Rule 17(b) of the Rules against her. The petitioner had not passed the Tamil test as required under Rule 12 (A) of the General Rules for which the respondent can deny her increment until she passes the language test. Even otherwise, they can write to the Government to grant necessary exemption to the petitioner as a special case.