N.PRABHAKARAN NAIR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition is filed challenging the G.O.(D) No. 466, dated 16.8.2007, a copy of which is said to have been furnished to the petitioner on 23.9.2008, declaring the petitioner's probation from 30.3.2005 and the consequential order passed by the third respondent, the Revenue Divisional Officer dated 16.9.2008 and for a direction to declare the petitioner's probation and release all terminal benefits as per law.

(2.) The petitioner was appointed as a part-time Village Headman at Anducode village in Kanyakumari District on 1.6.1975. The appointment was originally based on the method prescribed under the Tamil Nadu Village Officers Service Rules, 1970. As per the said Rules, an applicant should have completed SSLC course conducted by the Government and should have passed the Special Tests prescribed. The said Rules were extended to Kanyakumari District on 15.11.1973. The petitioner, at the time of joining service, had completed B.A. Degree course with History as main subject, however, he could not pass all the papers in B.A. Degree examinations. By the Tamil Nadu Abolition of Posts of Part-time Village Officers Ordinance, 1980 (Tamil Nadu Ordinance 10/80) which became Tamil Nadu Act 3/81, the part-time Village Officers posts were abolished with a view to introduce whole-time Village Officers in charge of village administration. The said Act was challenged by the part-time Village Officers who became jobless by virtue of the Abolition Act in the Supreme Court. During the pendency of the said case, a memorandum was filed in the Hon'ble Supreme Court by the Attorney General to the effect that the Village Officers who possess minimum qualifications as required under the Abolition Act, 3/1981, irrespective of their age, would be screened by the Committee to be appointed by the Government and such persons need not make any application or appear for any test conducted by the Tamil Nadu Public Service Commission for the post of Village Administrative Officer and they will be treated as new appointees under the Act and governed by the Act and Rules framed thereunder and the remaining vacancies will be filled up by the Tamil Nadu Public Service Commission.

(3.) After elaborate arguments, final order was passed on 14.3.2006 in W.P. No. 35630 of 2005 setting aside the show-cause notice issued by the third respondent dated 16.10.1999 with direction to the respondents to grant exemption to the petitioner from passing departmental language test and to declare his probation and consequently to pay all terminal benefits. Following is the operative portion of the order: