CHENNAI: M C Gomathi Nayagi, a village health nurse in government service for 28 years, was served her dismissal order just 18 days before her retirement in last year. Reason: She does not possess the minimum required qualification of SSLC pass. Nayagi had failed in her SSLC examination in 1977, but joined service in 1986.
Ridiculing the Tamil Nadu government for having come up with a termination order after 28 years, Justice D Hariparanthaman said: "It is not in dispute that as per the recruitment rules, she should have passed SSLC. It is true that she did not pass SSLC. Having employed her for about 28 years, knowing very well that she did not pass SSLC, now she could not be terminated on the verge of her retirement by an innocuous order saying she did not pass SSLC at the time of appointment."
The judge said the government has been invoking Rule 48 of the Tamil Nadu State and Subordinate Service Rules and issuing many orders relaxing qualification in case the employee concerned did not possess the requisite qualification. "In this case, she rendered 28 years of service. Deputy director of health services in Vellore should have sent a proposal to the government seeking to relax her qualification. But, unfortunately, he sought to pass an order terminating her service," he said.
Holding that the termination order was violative of a person's fundamental right to life and equality, the judge said, "I have no hesitation to quash the order (at the admission stage itself)."
Consequently, Justice Hariparanthaman directed the deputy director of health services to send a proposal to relax the qualification of Gomathi Nayagi within 30 days. He shall also pass orders invoking his powers to relax qualifications of employees. The authorities should take into account the circumstances surrounding the present case, and pass orders within two weeks. Her terminal benefits, including pension, shall be settled within eight weeks thereafter, the judge said.
The termination order was issued to her by the deputy director of health service in Vellore district on June 12, 2014, whereas she was scheduled to attain superannuation on June 30, 2014. She joined as village health nurse on September 24, 1986.
Ridiculing the Tamil Nadu government for having come up with a termination order after 28 years, Justice D Hariparanthaman said: "It is not in dispute that as per the recruitment rules, she should have passed SSLC. It is true that she did not pass SSLC. Having employed her for about 28 years, knowing very well that she did not pass SSLC, now she could not be terminated on the verge of her retirement by an innocuous order saying she did not pass SSLC at the time of appointment."
The judge said the government has been invoking Rule 48 of the Tamil Nadu State and Subordinate Service Rules and issuing many orders relaxing qualification in case the employee concerned did not possess the requisite qualification. "In this case, she rendered 28 years of service. Deputy director of health services in Vellore should have sent a proposal to the government seeking to relax her qualification. But, unfortunately, he sought to pass an order terminating her service," he said.
Holding that the termination order was violative of a person's fundamental right to life and equality, the judge said, "I have no hesitation to quash the order (at the admission stage itself)."
Consequently, Justice Hariparanthaman directed the deputy director of health services to send a proposal to relax the qualification of Gomathi Nayagi within 30 days. He shall also pass orders invoking his powers to relax qualifications of employees. The authorities should take into account the circumstances surrounding the present case, and pass orders within two weeks. Her terminal benefits, including pension, shall be settled within eight weeks thereafter, the judge said.
The termination order was issued to her by the deputy director of health service in Vellore district on June 12, 2014, whereas she was scheduled to attain superannuation on June 30, 2014. She joined as village health nurse on September 24, 1986.
No comments:
Post a Comment