R AMUTHA Vs. PRINCIPAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard both sides.

(2.) According to the Petitioner she had completed 11th Standard and applied for the Post of 'Masanchi', pursuant to a Notification, calling upon the perspective candidates to apply for the vacant posts existing in various Courts in Namakkal District. Later, she was called for an interview to be held on 29.1.2017. In fact, she attended the interview and the First Respondent/Principal District Judge, Namakkal, as per Proceedings No.1739/A/17, dated 23.02017, had appointed her as 'Masalchi', in Sub-Court, Namakkal, in the existing vacancy.

(3.) The Petitioner joined duty as 'Masalchi' in Sub Court, Namakkal, on 24.2.2017 and she discharged her duties without any complaint. She fell sick during the last week of August 2017. Further she took treatment at Primary Health Centre, Mudhalipatti, as an Outpatient No.9431. Since she was indisposed, she could not report for duty. Therefore, she had applied before the First Respondent, seeking for grant of 'Sick Leave', on 28.08.2017. As a matter of fact, the First Respondent/Principal District Judge, Namakkal, had rejected her Application praying for the grant of Sick Leave, on 28.08.2017, although the Doctor had advised her to take rest for seven days from 26.08.2017. Since she continued to suffer from her illness and had not recovered immediately, she could not attend to her duties on the one hand and her Application seeking for the grant of 'Sick Leave' was rejected, on the other hand. Further she could not comprehend as to what she could do and was forced to a state of 'Depression'. Because of the aforestated health condition as well as the Petitioner's state of mind, without comprehending the consequences of her action, she submitted her Resignation Letter to the Second Respondent/Subordinate Judge, Namakkal, Namakkal District, on 04.09.2017. In fact, the said Letter dated 4.9.2017 was transmitted to the First Respondent/Principal District Judge, Namakkal, on the same day itself. In reality, the First Respondent/Principal District Judge, Namakkal, on the same day accepted her resignation as per Proceedings in ROC.No.9326/A/17, dated 4.9.2017. The Second Respondent's Office received the Order accepting the Petitioner's resignation on 04.09.2017 itself. Subsequently, the Second Respondent/Subordinate Judge, Namakkal, sent a notice dated 16.09.2017 to the Petitioner, stating that she was dismissed from service as per Proceedings of the First Respondent in ROC.No.9326/A/2017, dated 4.09.2017.