N PRABHAKARAN NAIR Vs. AMBU SHARMA SPECIAL COMMISSIONER AND COMMISSIONER OF REVENUE ADMINISTRATION CHEPAUK

JUDGEMENT

(1.) HEARD both sides and perused the records.

(2.) THE petitioner herein was originally a village headman before the creation of the cadre of village administrative officers. Subsequent to the creation of the said cadre, as per orders of court, many persons who functioned as karnam and village headman were absorbed as village administrative officers subject to fulfillment of certain eligibility criteria. The petitioner was one such person, who was accommodated as a village administrative officer. For all such absorbed village administrative officers, a condition was prescribed for passing the departmental test and language test within a period of four years. Admittedly, the petitioner was not able to pass the language test in Tamil, though he was able to pass the other departmental tests. As such, till he attained the age of superannuation on 31. 03. 2005, his services were not regularised. Before he attained the age of superannuation, he was served with a show cause notice as to why he should not be removed from service for not having passed the language test in Tamil.

(3.) AGGRIEVED by the said notice, the petitioner approached the erstwhile Tamil Nadu Administrative Tribunal seeking an order exempting him from passing Tamil language test as a pre-requisite for declaration of probation. As the said Tribunal came to be abolished subsequently, the original application was transferred to this court and re-numbered as writ petition No. 35630 of 2005. This court, passed an order disposing of the said writ petition on 14. 03. 2006, operative portion of which reads as follows:-