High Court orders reinstatement of government employee

High Court orders reinstatement of government employee

She was discharged before retirement

19/05/2020, STAFF REPORTER,MADURAI

The Madurai Bench of the Madras High Court on Monday directed the State to reinstate a government employee, who was wrongly discharged from duty even though she had a few months to retire from service.

The court was hearing a petition filed by A. Brinda of Nagercoil, who was discharged from the post of Personal Assistant to the Chief Educational Officer (Higher Secondary), Kanniyakumari district, on April 30 despite the fact that she was to retire on August 31.

The petitioner, who was appointed as P.G. Assistant in 1999 through direct recruitment, said she applied for rectification of her date of birth, which was wrongly mentioned in her education certificates and service records.

She said she sent notice to the Chief Educational Office, Kanniyakumari district, for rectification of the date of birth in the records in 2001, within three years from the date of appointment to the post.

With no response from the authorities, she filed a suit for declaration and a civil court ruled in her favour in 2006. However, despite the order, the authorities concerned did not take steps to rectify the date of birth. Also, they had not preferred an appeal against the civil court decree.

In 2007, she sent a remainder on the decree passed by the civil court. But her request was turned down on the ground that she had applied for the rectification after the lapse of the limitation period of five years.

The civil court had categorically held that the application for rectification was made within five years from the date of her appointment. But the authorities concerned went ahead and passed the relieving order, she said.

Hearing her plea, Justice J. Nisha Banu directed the authorities concerned to reinstate her immediately into service. The court adjourned the case till the first week of June for reporting compliance of the order of the court.