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W.P. No. 22469 of 2019

For Petitioner : Ms. K.V. Jeevalakshmi

for Mr. S. Pon Jeganathan

For Respondents : Mr. K. Tippusultan, Government Advocate

O R D E R

Heard the learned counsel for the petitioner and the learned Government

Advocate for the respondents and perused the records.

2. The case of the petitioner, in brief, is that she is a graduate possessing a

B.Com degree; and that when applications were called for the post of Super-

visor to the mess at the women’s hostel under direct recruitment, she applied for

the same and was selected and appointed to the said post on 02.03.2015 by the

3^rd respondent; that as per the appointment letter issued to her, the probationary

period was for one year, after which she would be entitled to all other benefits

of hostel workers, similar to a permanent worker; that even though she had

completed her probationary period and is entitled to all the benefit, under the

said order, no such benefits, as per the terms of the appointment order, have

been extended to her; that though the appointment order states that the appoint-

ment is on a purely temporary basis, she was advised to follow all the rules and

regularisations of the hostel and that she would be allowed other benefits of

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W.P. No. 22469 of 2019

hostel workers only after completion of one year of undisputed service; and that

she not only completed one year of service but has completed four years of ser-

vice and therefore, her services ought to be considered as regularised.

2.1. It is the further case of the petitioner that she had rendered unblem-

ished service for a period of four years from the date of her appointment; that

the 3^rd respondent, with malafide intention and ulterior motive to derive per-

sonal benefit, terminated her services without giving her any opportunity of

hearing and without conducting any enquiry as contemplated under the service

rules and regulations governing the hostel, including the procedure laid down by

law for termination of service; that the 3^rd respondent had served a memo on her

on 02.05.2019, granting three days time to submit her explanation; that though

she submitted her explanation on 03.05.2019, the 3^rd respondent terminated her

services on 14.05.2019 without conducting any enquiry; and thus the said action

of the 3^rd respondent it is contended as highly illegal and unsustainable.

2.2. The petitioner further contended that aggrieved by the aforesaid ac-

tion, though she had submitted representation to respondents 1 and 2 as early as

on 11.06.2019, the respondents neither took any action nor conducted any en-

quiry, nor reinstated the petitioner into service; and as such, the petitioner has no

effective and efficacious remedy except approaching this Court by invoking ex-

traordinary jurisdiction. Contending as above, the petitioner seeks for quashing

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W.P. No. 22469 of 2019

of the termination order dated 14.05.2019 with a consequential relief to reinstate

her into service with all attendant benefits.

3. Counter affidavit has been filed by the 3^rd respondent.

4. The 3^rd respondent, in the counter affidavit, primarily contended that

the writ petition filed by the petitioner challenging the order dated 14.05.2019

terminating her service is not maintainable, since the petitioner was appointed

as a Housekeeper in the 3^rd respondent hostel purely on a temporary basis and

was paid salary out of the contributions of the hostel inmates; that the post of

Housekeeper in the hostel is neither a Government post nor a sanctioned post

and that for the benefit of the students, the petitioner was appointed by the then

3^rd respondent only as a temporary measure. Therefore, the petitioner cannot

claim the post as a matter of right; and that the appointment of petitioner was an

internal arrangement and that her salary was paid from and out of the contribu-

tions collected from t