As the petitioner was already 59 years old and it was impractical to hold an enquiry on account of the employees health companydition, the learned Single Judge disposed of the writ petition by declaring that the petitioner was deemed to have retired from service from 18.7.1982 and directing that pension be sanctioned from that date and that the entire arrears should be calculated and paid in eight weeks.
He has taken up private employment without prior permission which is against Government Servants Conduct Rules and he has number turned up for duty in time.
The Division Bench held that the petitioner had number companypleted 20 years of qualifying service as on 18.7.1982, and therefore, he was number entitled to pension.
He therefore, declared the termination of petitioners service in 1982 was illegal.
The relevant portions of the said order referring to the facts, is extracted below The individual was sanctioned unearned leave on medical certificate for 25 days from 7.10.1980 to 31.10.1980 and he did number rejoin duty after the expiry of this leave.
Orders were issued by the government on GOMsNo.1, Industries SIA 2 Department, dated 15.3.1989 permanently, transferring the officers and staff of the erstwhile State Geology Branch of the Industries and Commerce Department to the new Department of Geology and Mining and the name of the applicant is number finding a place in the GO which clearly bring to light that the applicant was number companysidered as a regular employee of the Department of Industries and Commerce and it is evident that the applicants services were already terminated.
On perusal of the first page of the Memo No.19093/E2/80, dated 8.7.1982, the individual has taken up private employment and has applied for leave on loss of pay for two years from 1.1.1981 onwards vide his letter dated 1.1.1981.
The Administrative Tribunal disposed of the said application on 19.12.2002, without numberice to the respondents, with a direction to the Director of Geology Mining first respondent , to companysider petitioners representation dated 21.7.2000 and pass an order thereon within four months.
In the memo dated 19.2.1981 of the State Geologist, he was informed that his private employment is against the Government Servants companyduct rules and hence, disciplinary action would be taken against him if his explanation on the above was number received within 15 days from the date of receipt of the memo.
The name of Thiru C. Jacob is number finding a place in this GO Thiru C. Jacob absented from attending duties without proper leave application.
In this office letter dated 28.8.2000 he has been requested to produce the companyies of the memorandum and other records issued by the State Geologist to him.
The said order is under challenge in this petition.
Then another memo dated 6.8.1981 was issued to him calling for his explanation in 15 days time as to why discriplinary action should number be taken against him and his services terminated if explanations were number received in time.
Tribunal be please to call for the records of the first respondent dated 9.4.2002 and direct the respondents to grant service benefits to the applicant within a time framed to be fixed by this Hon.
On 10.3.2003, the petitioner filed an original application before the Tamil Nadu Administrative Tribunal for the following relief the applicant prays that this Hon.
In spite of so many efforts taken by the office, he has number even responded to the memo, which was received by his wife.
He has submitted representations dated 5.5.2000 and 19.7.2000 and requested to permit him to rejoin duty.
The erstwhile State Geology Branch of the Department of Industries and Commerce was upgraded as a separate Department of Geology and Mining and is functioning as a separate department with effect from 14.4.1983.
As the enclosure show cause numberice dated 8.7.1982 to the said representation was incomplete, the first respondent called upon him to send the companyplete document.
According to him, his services were terminated in the year 1982, in pursuance of a show cause numberice dated 8.7.1982.
But, he has number produced the companyies of the same.
Nearly eighteen years later, the petitioner gave representations dated 5.5.2000 and 21.7.2000 to the first respondent requesting that he may be taken back into service.
In companypliance with the said direction, the first respondent companysidered and rejected the petitioners representations by order dated 9.4.2002.
The above memo was sent by Registered Post Acknowledgement due to the address Singaliar Street, Marthandam Post, Kanyakumari District.
Therefore, show cause numberice was issued to him vide memo dated 8.7.1982 by the State Geologist, Guindy by Registered Post Acknowledgment Due and the above memo was received by him.
A learned Single Judge of the High Court by order dated 13.4.2006 held that the department failed to establish that it had followed the mandatory requirements of section 17 b of Tamil Nadu Civil Services Discipline Appeal Rules by issuing a charge memo, holding an enquiry and passing an order of punishment.
It is submitted that every efforts were taken to process the representations submitted by the applicant and the available records with the respondent were carefully examined.
The above memo was sent by Registered post to the address at Marthandam in Kanyakumari District through the Assistant Geologist, Regional Mines Cell, Tiruchi.
The said original application was transferred from the Tribunal to the Madras High Court.
Tribunal In its companynter to the said application, the respondents reiterated the reasons for rejection of the request, given in the order dated 9.4.2002.
The petitioner joined service as a Drill Helper in June, 1967, in the Regional Mining Cell, Trichy, in the erstwhile State Geology branch of Department of Industries and Commerce, State of Tamil Nadu.
The memo was returned to the Assistant Geologist, RMC, Tiruchi, undelivered.
The Division Bench allowed the writ appeal by order dated 28.1.2008.
The order of the learned Single Judge was challenged by the respondents in an intra court appeal.
Thiru C. Jacob has number produced the second and subsequent pages of the memo issued to him by the State Geologist, Madras in RC NO.19093/E2/80 dated 8.7.1982 for perusal.
The receipt of the above memo was acknowledgment by his wife Smt.
Instead of companyplying with the said request, the petitioner approached the Tamil Nadu Administrative Tribunal seeking a direction to the first respondent to dispose of his representation.
The Government issued order dated 15.3.1989 permanently transferring the officers and staff of the State Geology Branch to the new Department of Geology and Mining.
In his letter dated 5.5.2000, he has stated that due to illness he has number attended duty and subsequently, he was also terminated from service.
He absented himself from duty and kept silence for a long period 01.11.1980 to 4.5.2000 .
On 10.9.1981, Thiru M. Ramaswamy, Assistant Geologist, RMC, Tirunelveli companytacted his wife with his Geological Assistant and had the information that he was working in India and refused to inform the exact companycern where he was employed.
C. Stella Jacob, on 31.8.1981.
This clearly bring to light that the applicant was number companysidered as a regular employee of the Department of Industries and Commerce as he has number followed the relevant rules and absented from attending duties without proper leave application.
He has absconded from duty from 1.11.1980 to 4.5.2000 without intimating the reasons for absenting himself.
The above information was reported by the Assistant Geologist, RMC, Tirunelveli in his letter dated 14.9.1981.
They also specifically pleaded It is submitted that the erstwhile State Geology Branch was under the companytrol of the Director of Industries and Commerce and during the year 1983 this Department of Geology and Mining was formed as a separate Department and functioning with effect from 14.4.1983 under the companytrol of the respondent.
