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PETITIONER: MOHSIN UNISSA

       Vs.

RESPONDENT: TAMIL NADU PUBLIC SERVICE COMMISSION

DATE OF JUDGMENT:       29/03/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

CITATION:  JT 1996 (4)   230        1996 SCALE  (3)510

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      We have heard learned counsel on both sides.      Appellant 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. For 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.      Under  these   circumstances,  the  only  question  is: whether 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.

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    The appeal is accordingly allowed. No costs.