Vinolia Richard v. State of Tamil Nadu rep. by the Secretary to Government Home Department & Others
2008-06-13
M.JAICHANDREN
body2008
DigiLaw.ai
Judgment :- It is submitted by the learned counsel appearing for the petitioner that since the Tamil Nadu Administrative Tribunal, by its order, dated 1. 1997, had passed the final order in M.A.No.7684 of 1996 in O.A.Nos.2826 and 2827 of 1995, nothing survives in the writ petitions. 2. The order of the Tamil Nadu Administrative Tribunal, dated 1. 1997, reads as follows: "The applicant seeks a direction to the first respondent to consider and promote her, within a specified period, as Director, with effect from 6. 1995, the date from which, she is holding full additional charge of the post of Director. 2. Mr. S. Vadivelu, the learned counsel appearing for the applicant, placed before me, the following facts:- i) In O.As.2826 and 2827/95 on 15. 95 the following interim direction was given:- "In view of the above, there will be an interim stay of the charge memo issued by the fourth respondent in P.R.No.8/93 dated 20.9.1993 till 6. 1995 and if the applicant is otherwise eligible, apart from the impugne charge memo, she has to be considered for promotion subject to the order with regard to the charge memo." ii) The charges against the applicant must be deemed to have been withdrawn in view of the general instruction given by the Chief Secretary to Government in letter No.84080/K/95-1, dated 112. 1995. In it, para 6(ii) reads as follows: "6. The Government have examined the request of the service Associations in detail. They have decided that the request to treat the period as duty cannot be accepted. However, they have decided to take a lenient view regarding the disciplinary action, as a gesture of good-will to the employees. Hence, they issue the following further instructions:- (i) ...... (ii) All the disciplinary cases initiated against the employees on the grounds of mere unauthorized absence due to participation in the strikes during the said period (from 1. 1993 to 12. 1995) may be dropped. However, in respect of those involved in criminal offences such as intimidation vadalism, etc. the disciplinary action may not be dropped and action may continue to be taken against them, as per the rules in force." iii) By the memorandum issued by the Deputy Inspector General of Police, Madras, dated 5. 1996 in C.No.10733/A2/93, TSO.180/96, the list of persons against whom disciplinary proceedings were initiated have been dropped. The applicants name find a place in sl.No.199.
1996 in C.No.10733/A2/93, TSO.180/96, the list of persons against whom disciplinary proceedings were initiated have been dropped. The applicants name find a place in sl.No.199. The learned counsel appearing for the applicant, would submit that the above would show that the proceedings are already dropped. 3. In view of the above position, the direction sought for in this application is to be given, the first respondent is directed to consider the applicant for promotion, if she is fit, with effect from 6. 1995, and if found fit, give appropriate promotion orders, within a period of six weeks from the date of receipt of a copy of this order." 3. In view of the order passed by the Tamil Nadu Administrative Tribunal, in M.A.No.7684 of 1996 in O.A.Nos.2826 and 2827 of 1995, dated 1. 1997, nothing survives in the writ petitions. Hence, the writ petitions are closed. No costs.