P.Muthuselvi v. The Asst. Director Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN P.Muthuselvi

...Petitioner

-VsThe Assistant Director of Survey and Land Records, Tiruchirapalli.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the respondent relating to Pro.Na.Ka.No.A2/7343/2003 dated 12.02.2004, quash the same insofar as it relates to the petitioner and issue directions to the respondent to reinstate the petitioner in service and to allow extension of time to pass the prescribed tests and to grant all consequential service and monetary benefits.

For Petitioner : Mr.M.Ravi For Respondent : Mr.L.S.M.Hasan Fizal Additional Government Pleader

ORDER

The writ petition has been filed challenging the order dated 12.02.2004, passed by the first respondent in Pro.Na.Ka.No. A2/7343/2003, thereby terminating the petitioner from service. 2.

The petitioner was appointed as Field Surveyor on compassionate ground due to the death of her husband. Thereafter, she was absorbed as Draughtsman and again reshuffled to the post of Field Surveyor. The appointment was on condition that the petitioner should pass three departmental examinations viz., Surveyors' Test, to be conducted by the Tamil Nadu Public Service Commission. However, she failed to pass the said examinations.

3.

Therefore, the petitioner was issued with show cause notice to show, within a period of seven days from the date of receipt of the said show cause notice, as to why her service as Field Surveyor should not be terminated for not passing the departmental examination, within a period of five years of regularization of her service, as per Rule 26(b)(ii) of the General Rules for Tamil Nadu State and Subordinate Service. Hence, the

petitioner requested the respondent to grant extension of service for passing the test. However, the respondent by the impugned proceeding discharged the petitioner from her service as such, the petitioner filed the present writ petition.

4.

Heard the learned counsel appearing on either side and perused the materials produced before this Court. 5.

It is seen that the petitioner was appointed as Field Surveyor on condition that she should pass the Surveyors' test within a period of five years of regularization of her service. As per Rule 26(b)(ii) of the General Rules for Tamil Nadu State and Subordinate Services, if any candidate fails to pass the said departmental test within the said period of five years, he/she shall be discharged from service. Therefore, the respondent rightly discharged the petitioner from service, since she failed to pass the departmental test within a period five years of regularization of her service. This Court finds no infirmity or illegality in the order passed by the respondent and the writ petition is devoid of merits and liable to be dismissed.

6.

Accordingly, the writ petition stands dismissed. There shall be no order as to cost.

29.08.2023 (2/5) Internet: Yes Index : Yes/No Speaking/Non Speaking order rts

To

1. The Assistant Director of Survey and Land Records, Tiruchirapalli.

G.K.ILANTHIRAIYAN. J, rts 29.08.2023 (2/5)