IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.11.2010
CORAM:
THE HON'BLE MR.JUSTICE D.HARIPARANTHAMAN
W.P.No.40527 of 2006
S.Shanmugam ... Petitioner
Versus
1. The District Elementary Educational Officer,
O/o The District Elementary Educational
Officer, Thanjavur District.
2. The Assistant Elementary Education Officer,
O/o The Assistant Elementary Educational
Officer,
Sethubhava Chatiram, Thanjavur District.
3. The Secretary,
Government of Tamil Nadu,
School Education Department,
Fort St. George, Chennai ... Respondents
(R-3 impleaded suo-motu
as per the order of this Court
dated 02.11.2010)
PRAYER: This Writ Petition came to be numbered under Article 226 of the Constitution of India by way of transfer of O.A.No.4293 of 2000 from the file of Tamil Nadu Administrative Tribunal with a prayer, to call for the records on the file of the Proceedings of the first respondent in Na.Ka.No.8152/A2/99 dated 05.06.2000 and quash the same and consequently directing the first respondent to reinstate the petitioner into service with all attendant and monetary benefits.
For Petitioner : Mr.V.Ravikumar
For Respondents : Mrs.Lita Srinivasan
Government Advocate
O R D E R
Mrs.Lita Srinivasan, learned Government Advocate takes notice for the newly impleaded third respondent.
2. The petitioner joined as Secondary Grade Teacher on 07.09.1966. He was dismissed from service by the first respondent by an order dated 05.06.2000, based on G.O.Ms.No.1046, Personnel and Administrative Reforms (FR.III) Department, dated 13.11.1987. As per the said order, the petitioner was unauthorizedly absent from 17.07.1997, for more than two years, without sanction of leave. In such circumstances, the first respondent removed the petitioner from service without holding an enquiry, by invoking G.O.Ms.No.1046 .
3.It is admitted that the G.O.Ms.No.1046 provides that removal is the only punishment for unauthorized absence. The G.O. was set-aside by the Tamil Nadu Administrative Tribunal, in a batch of Original Applications in O.A.No.1120 of 1989, on 21.10.1999. In all those cases, termination was based on G.O.Ms.No.1046. The termination orders were quashed and the concerned authorities were directed to proceed under the Tamil Nadu Civil Services (Disciplinary and Appeal) Rules. The Government also implemented the order of the Tribunal and issued G.O.Ms.No.153, Personnel and Administrative Reforms (F.R.III) Department, dated 08.08.2000. Hence, the impugned orders in those Original Applications were set-aside and liberty was given to take departmental action for the unauthorized absence of the petitioners therein.
4.In this case, while admitting the Original Application, the Tribunal granted interim order of stay of the impugned order.
5.The respondents filed a writ petition in W.P.No.6890 of 2001 against the interim order of the Tribunal, before this Court. This Court disposed the writ petition on 22.08.2006 recording the statement of the learned Additional Government Pleader. Para 4 of the order dated 22.08.2006 of this Court is extracted here-under:-
“Learned Additional Government Pleader appearing for the petitioners submitted that the first respondent was allowed to retire without prejudice to the disciplinary proceedings. Hence, no useful purpose will be served in keeping the writ petition pending and the writ petition is dismissed. However, it it is open to the petitioners/Government to approach the Administrative Tribunal for disposal of the Original Application.”
6. As per the aforesaid order of the Division Bench of this Court, the petitioner was allowed to retire from service, as he reached the age of superannuation, without prejudice to outcome of the disciplinary proceeding. This is nothing but in terms of G.O.Ms.No.153, Personnel and Administrative Reforms (F.R.III) Department, dated 08.08.2000. Now, the petitioner is aged about 65 years and the terminal benefits of the petitioner has not yet been settled, as the departmental proceeding is not completed.
7. Under such circumstances, suffice it to direct the third respondent to complete the enquiry and pass final orders on the disciplinary proceedings, within a period of five months from today.
8. The writ petition is disposed of with the above direction. No costs.
r n s
To
1. The District Elementary Educational Officer,
O/o The District Elementary Educational
Officer, Thanjavur District.
2. The Assistant Elementary Education Officer,
O/o The Assistant Elementary Educational
Officer,
Sethubhava Chatiram, Thanjavur District.
3. The Secretary,
Government of Tamil Nadu,
School Education Department,
Fort St. George,
Chennai