K MAVALAPPAN Vs. COLLECTOR COIMBATORE DISTRICT COIMBATORE

JUDGEMENT

(1.) THE petitioner was working as a Noon Meal Organiser attached to Panchayat Union Primary School at P. Reddipalayam, Udumalpet Taluk, Coimbatore District. He filed O.A.No,5611 of 1998 before the Tamil Nadu Administrative Tribunal seeking to challenge the order of the first respondent dated 02.07.1998, wherein and by which he was dismissed from service from the post of Noon Meal Organiser.

(2.) PENDING the O.A., the Tribunal by an order dated 15.07.1998 granted an interim order. Prima facie, the Tribunal was of the view that the respondents have not taken into account the explanation submitted by the petitioner and there was no enquiry conducted before passing the order of dismissal. The interim order came to be continued for the benefit of the petitioner till date.

(3.) THE court cannot pass orders on the basis of the counter affidavit filed by the first respondent. Though the post of Noon Meal Organiser is not a constituted service under Article 309 of the Constitution of India and the provisions of procedure contemplated in the rules relating to the Government service expressly not having applied to such employees, the minimum rules of natural justice will have to be followed before dispensing with the service of employees like the petitioner.