G. Selvi vs The State of Tamil Nadu

The instant writ petition has been filed by the petitioner challenging the order dated 03.01.2014, passed by the third respondent, whereby and whereunder, she has been ousted from service.

The indisputable facts of the case, in nutshell, are that the petitioner was temporarily appointed by the third respondent as Steno-cum-Typist on 24.02.2010 in the I Additional District Munsif-cum-Judicial Magistrate Court, Ulundurpet, Villupuram District. Aftermath her joining the said post, she partook in Group IV service examination conducted by the Tamil Nadu Public Service Commission on 07.07.2012 and she was also selected by the Commission as Steno-cum-Typist, Grade III. Pursuant thereto, she was appointed by the fourth respondent as Steno-cum-Typist, Grade III by order dated 31.12.2013 and posted at the District Munsif Court, Thuraiyur. On her informing the third respondent of the same, the third respondent ousted her from service by the impugned order dated 03.01.2014. Challenging the same, this writ petition is filed.

The petitioner''s main bone of contention is that inasmuch she has been ousted from service, instead of having been relieved, she is now considered only as a new entrant into the Judicial Ministerial service, notwithstanding the service put in by her from 24.02.2010 to 03.01.2014, as a consequence of which, her service during the said period becomes redundant for all practical purposes.

In support of his contention that the petitioner ought to have been only "relieved" and not "ousted" by the third respondent, the learned counsel for the petitioner has garnered support from the order dated 04.08.2014 passed by this Court in W.P. No. 19639 of 2014 in the case of a similarly placed person.

We have gone through the aforesaid order which has been extracted in the affidavit filed in support of this writ petition. It would be apposite to extract paragraph Nos. 6 and 7 of the said order as under:

"6. Thus, we are of the opinion that the petitioner be treated as "relieved from the post of Officiating Temporary Typist, I Additional District Munsif-cum-Judicial Magistrate Court No. 1, Ulundurpet, by order dated 02.07.2013 in lieu of "ousted" as used in the order. We further make it clear that with regard to her submission for counting the services rendered by her as temporary Typist under the Principal District Judge, Villupuram District, Villupuram, we do not express any opinion as it depends on the legal provisions as applicable in the case on hand.

The writ petition stands accordingly allowed to the above extent. No order as to costs. Consequently, connected Miscellaneous Petitions are closed.

Since the aforesaid order passed by this Court is squarely applicable to the petitioner herein, we are of the considered opinion that the instant writ petitioner too is entitled to the relief as granted to the writ petitioner by the aforesaid order dated 04.08.2013 in W.P. No. 19639 of 2014.

Accordingly, this writ petition is allowed in the same terms as W.P. No. 19639 of 2014 has been allowed. No costs. Connected Miscellaneous Petition is closed.