Chennai: A nurse, who put in 28 years of service but was terminated just 18 days before her retirement by the authorities on the ground that she had failed to pass SSLC, got a reprieve with the Madras high court directing the authorities to relax the qualification relating to her appointment and settle all terminal benefits, including pension. Justice D. Hariparanthaman allowed the petition filed by M.C. Gomathi Nayagi, while quashing an order dated June 12, 2014 of the deputy director of health service, terminating her from service.
According to Gomathi Nayagi, she was appointed as village health nurse in 1986 and due to retire on June 30, 2014. While so, to her utter surprise, she was terminated from service on June 12, 2014 on the ground that she had failed to pass SSLC. The judge said it was no disputed that as per the recruitment rules, the petitioner should have passed SSLC. Having employed the petitioner for about 28 years and knowing very well that she had not passed SSLC, now the petitioner could not be terminated on the verge of retirement by the deputy director of health service on these grounds.
The government, by invoking rule 48 of the TN State and Subordinate Service Rules, issues many orders relaxing the qua-lification in case employees who do not possess the qualification.“In my view, such an order termination is arbitrary and violative of Article 14 and 21 of the Constitution in the facts and circumstances of the case. Hence, I have no hesitation to quash it, direct the authorities to invoke rule 48 relaxing the qualification within 8 weeks thereafter and settle terminal benefits within 8 weeks thereafter,” the judge added.
