IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2022

CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.No.17569 of 2015

and

W.M.P.No.2999 of 2016

R.Iyyammal

...Petitioner

Vs.

1.The Secretary,

The Ministry of Health & Welfare,

Fort St.George,

Chennai – 600 009.

2.The Directorate of Medical Education,

Ezilagam, Chennai – 600 005.

3.The Managing Director,

Over Seas Manpower Corporation,

18-A 1^st, Cross St,

C.I.T.Colony,

Chennai – 600 004.

...Respondents

Prayer : Writ Petition filed under Article 226 of the

Constitution of India for issuance of a Writ of Mandamus,

directing the respondents herein to consider the case of the

applicant and her representation dated 26.02.2015 to modify the

dismissal order in to the one of compulsory retirement/VRS.

For Petitioner :

Mr.R.Lawrence

For R1 and R2

:

Mr.M.Bindran

Additional Government Pleader

For R3

:

Dismissed vide order dated 15.09.2016

ORDER

The relief sought for in the present writ petition is to

direct the respondents to consider the case of the petitioner

based on her representation dated 26.02.2015, to modify the

dismissal order in to the one of compulsory retirement/Voluntary

Retirement Scheme.

2. The writ petitioner was appointed as Staff Nurse in the

Department of Medical Education on 06.04.1975. The petitioner

applied for Passport to Saudi Arabia for taking an appointment

in Government Hospital at Saudi Arabia. The tenure of assignment

in the year 1986 was for a period of two years. The petitioner

submitted an application for 'No Objection' and based on the 'No

Objection' granted by the Government, the petitioner went to

Saudi Arabia and accepted the appointment in the Government

Hospital at Saudi Arabia. The petitioner was relieved from

service on 18.08.1986. The period of Extraordinary Leave granted

was for a period of two years. Thereafter, no extension was

granted by the competent authority. However, the petitioner

continued in Saudi Arabia and the learned counsel for the

petitioner made a submission that the petitioner sent several

representations during the relevant point of time and those

representations were not responded by the competent authorities.

3. The learned counsel for the petitioner made a submission

that, when the petitioner returned back to India, she made an

enquiry and found that she was dismissed from service.

Thereafter, she approached the respondents and came to

understand that disciplinary proceedings were initiated against

her and she was dismissed from service. In this regard, the

learned counsel for the petitioner reiterated that the

petitioner had not received any notice from the respondents and

therefore, the entire proceedings were issued behind the back of

the writ petitioner and thus, the cases of the writ petitioner

is to be considered and allow her to retire compulsorily or

under Voluntary Retirement Scheme.

4. The counter affidavit filed on behalf of the Government /

first respondent and the second respondent/The Directorate of

Medical Education reveals that the petitioner Tmt.R.Iyyammal,

formerly Staff Nurse, working at Institute of Obstetrics and

Gynaecology in the Government Hospital for Women and Children,

Chennai was deputed to take up employment in Saudi Arabia and

granted Extra-ordinary Leave for two years from 19.08.1986 Fore

Noon. Subsequently, she was relieved on 18.08.1986 A.N. as per

the Directorate of Medical Education's Reference letter dated

12.08.1986. The deputation period expired on 18.08.1988 AN. On

completion of her deputation, the petitioner did not rejoined

duty and proceeded unauthorized absence from duty from

19.08.1988 without signing any leave application or intimation

to the authorities.

5. Consequently, the disciplinary actions were initiated

under Rule 17(b) of the Tamil Nadu Civil