The petitioner was initially appointed as Panchayat Assistant, later he was appointed as Junior Assistant from the forenoon of 31.05.1991 in Government service. He should have completed the probation in the category of Junior Assistant by passing the prescribed Departmental tests on or before the completion of five years from the date of appointment i.e., he should have passed the Departmental test on or before 30.05.1996. However, he passed the prescribed test only on 20.11.1996 after the lapse of six months from the date of completion of 5 years.
2. In the circumstances, the second respondent passed the impugned order dated 11.03.2002, stating that he did not pass the departmental test before 30.05.1996 and therefore, the annual increment of the petitioner from 1.4.1993 to 1.4.2000 should be canceled and recovery is to be ordered. In the said order, the pay was re-fixed and recovery was ordered. The petitioner filed O.A. No.1592 of 2002 to quash the order of the second respondent dated 11.03.2002.
3. Heard Mr.N.Kolandaivelu, learned counsel for the petitioner and Mrs.C.K.Vishnupriya, learned Additional Government Pleader for the first respondent and Mr.V.Subbaiah for the second respondent.
4. The respondents filed counter affidavit stating that the proposal for relaxing his period of probation was sent to the Government through the Director of Rural Development Department, Madras. It is stated that until the Government passed an order granting relaxation for the petitioner to pass departmental test, the petitioner is not entitled for increment.
5. It is brought to the notice of this Court , that the Tamil Nadu Government issued G.O.Ms.No.497 (Rural Development (E7) Department) dated 23.10.2003 and granted relaxation for the petitioner to pass the departmental test in six months beyond the period of 31.5.1996. In view of the said G.O.Ms.No.497, the impugned order is liable to be quashed. Accordingly, the impugned order is quashed. The Writ Petition is dismissed. No costs.
09.10.2009 Index :Yes/No Internet :Yes/No prm To,
1.The District Collector Sivaganga District Sivaganga.
2.The Block Development Officer Kannangudi Panchayat Union Karaikudi Taluk Sivaganga District.
D. HARIPARANTHAMAN,J prm W.P.No.11700 of 2007 09.10.2009