EZHIL BHARATHI Vs. DEPUTY REGISTRAR OF CO

JUDGEMENT

(1.) Both these Writ Petitions have been preferred at the instance of the same petitioner, the first one challenging the issuance of a charge memo by the respondent against him vide Na.Ka.No.670/2014/A dated 21.03.2014 with a prayer to quash the same and the second one seeking a direction to the 1st respondent to include the name of the petitioner in the ensuing panel for promotion to the post of Deputy Registrar, Co-operative Societies for the year 2013-2014 notwithstanding the aforesaid charge memo issued along with an erratum on 25.03.2014.

(2.) The petitioner, who initially joined as Junior Assistant on compassionate ground, was promoted as Senior Inspector of Co-operative Societies in the year 1989. However, subsequently, she went on leave. Thereafter, without getting extension of leave, she remained absent and as such, as per G.O.Ms.No.1046, P &AR Department, dated 13.11.1987, which was amended as Rule 18[3] of the Fundamental Rules, a proceeding was initiated against her for her unauthorised absence.

(3.) Inasmuch as, Rule 18[3] of Fundamental Rules prescribes for termination of service in such circumstances, the petitioner preferred an Original Application No.980 of 1995 before the Tamil Nadu Administrative Tribunal challenging the validity of the charge memo, wherein, the Tamil Nadu Administrative Tribunal, while deciding batch of cases along with the petitioner's case, invalidated such Rule prescribing termination and directed the respondent to proceed afresh against the petitioner.