The Madras High Court has directed a government arts college here to reinstate a scavenger, who was dismissed on the ground that she belonged to Backward Class.
Setting aside the dismissal order on Thursday, Justice N Paul Vasanthakumar said the petitioner should be reinstated in the post without disturbing the person appointed in that place, either in any existing vacancy in the college or in the immediate arising vacancy if there was no vacancy now.
Till a regular vacancy arose, the college should pay her salary from the date of reinstatement without backwages. She was not entitled to claim any backwages by applying the principle of "no work, no pay." When a regular vacancy arises, she should be accommodated with continuity of service from the date of appointment, June 1998, without backwages and with all other service benefits.
In her petition, C Clara alias Gomathi said she was born as Christian Adi Dravidar, a backward class community. In 1991, she embraced Hinduism and changed her name as Gomathi. She got married in 1991 to one Govindaraj, also a Hindu Adi Dravidar. She had registered herself as Christian Adi Dravidar in 1986, mentioning the community as BC. Subsequent to conversion and wedding, she informed the same to the employment exchange.
Due to conversion and marrying a Hindu Adi Dravida, she also became a Hindu Adi Dravida, a scheduled caste community. After being sponsored by the employment exchange, she was appointed as a scavenger in the Government Quaid-e-Milleth Arts College for Women, Chennai, in June 1998.
In March 1999, she was served a memo and called upon to submit her explanation, which she did however she was without considering it, dismissed.
The college submitted that the post was meant for SC candidate.
While joining, the petitioner did not disclose that she converted to Hindu and changed her name to Gomathi. Based on a reply to a clarification sought from the District Employment Officer, the petitioner’s services were terminated.
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