Unissa Vs. Tamil Nadu Public Service Commission  INSC 477 (29 March 1996)
K.Ramaswamy, K.G.B. Pattanaik (J)
JT 1996 (4) 230 1996 SCALE (3)510
O R D
have heard learned counsel on both sides.
was temporarily appointed in the Tamil Nadu Public Service Commission itself in
the year 1975-76, for regular recruitment, she was selected and appointed in
the Finance Department as a Junior Assistance in August 1990.
regularization of her service passing the Tamil language test was a
pre-condition. Initially, she had appeared in the year 1977. While she was
temporarily working, she had passed the exam. She was asked to pass the same
examination again after her regular appointment, It would appear that she had
requested a companion who was sitting by her side to keep an eye on her answer
book and also it was taken that she committed malpractice in copying the paper.
On that ground the paper written by her in the year 1977 was also cancelled
along with the examination in which she is imputed to have committed
malpractice. When she challenged the order, the High Court held that since the
examination passed by her in 1977 was valid in law, the cancellation thereof on
the ground of her committing malpractice in the second examination is not valid
in law. That order has become final.
these circumstances, the only question is:
the appellant's service could be terminated for her failure to pass the
examination. No doubt, she did not pass the examination after her regular
appointment but she has passed the examination when she was temporarily in
service and that order having been allowed to become final, it is no longer
open to the respondent to terminate her services for failure to pass the
examination. The respondent is directed to regularize her service giving her
past benefits of temporary service with effect from 1975-76 for purpose by
perusal. However seniority would be determined, she being a direct recruit, w.e.f.
the date of her appointment in August 1990.
appeal is accordingly allowed. No costs.