Long-serving employee cannot be dismissed solely for lacking newly imposed qualification after 27 years service.

O R D E R

This writ petition has been filed challenging the show cause notice issued by the 3rd respondent in Na.Ka.No.596/2023/Thi-1, dated 18.03.2026, whereby the petitioner has been called upon to show cause as to why he should not be dismissed from service, and to submit his explanation within a period of three days.

2. Heard the learned Counsel appearing on either side and perused the materials available on record.

3. A perusal of the impugned show cause notice reveals that the petitioner failed to produce the 10th Standard Certificate, which is an educational requirement introduced under the Tamil Nadu Village Panchayat Secretaries (Conditions of Service) Rules, 2023. The said showcause notice also makes reference to a previous writ petition filed by the petitioner. It is further evident that the petitioner is sought to be dismissed from service on the ground that he does not possess the requisite qualification of passing the 10th standard to hold the post of Panchayat Secretary.

4. Admittedly, the petitioner has been working as a Panchayat Secretary for the past 27 years. The petitioner has raised various issues that go to the root of the matter, including the jurisdiction and authority of the third respondent to issue the impugned show cause notice.

5. The learned Counsel for the petitioner contended that, having been appointed as a Panchayat Secretary as early as in 1998, the petitioner has continued in the said post for more than 27 years and he is now sought to be dismissed from service solely on the ground that he does not possess the requisite qualification of a pass in the 10th standard. According to the learned Counsel for petitioner, such action is not permissible in light of the judgment of the Hon’ble Apex Court in Zamil Ahmed vs. State of Bihar and others, reported in AIR 2016 SC 2237.

6. On the other hand, Mr.Shaji Bino, learned Special Government Pleader appearing for the respondents submitted that this writ petition cannot be entertained against the show cause notice, as the respondents have not yet taken any decision to dismiss the petitioner from service. He further submitted that a decision will be taken only upon receipt of the petitioner’s explanation and after due consideration of the same. Thus, the learned Special Government Pleader contended that the writ petition is premature and liable to be dismissed.

7. This Court carefully considered the submissions made on either side and perused the materials available on record including the decision relied upon by the learned Counsel for the petitioner.

8. Taking into consideration the said circumstances, especially the fact that the petitioner has been working as a Panchayat Secretary for more than 27 years, though this Court is not inclined to entertain the writ petition against the impugned show cause notice, deems it appropriate to grant temporary protection to the petitioner.

9. Accordingly, this writ petition is disposed of, permitting the petitioner to submit his explanation to the impugned show cause notice within a period of two weeks from the date of receipt of a copy of this order. The third respondent shall consider the same and pass appropriate orders in accordance with law. In the event that any adverse order is passed against the petitioner, the same shall not be given effect to for a period of 30 days from the date of communication of such order to the petitioner.

10. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.