C JACOB Vs. DIRECTOR OF GEOLOGY ALIAS MINING

JUDGEMENT

(1.) IA 1 is allowed and the delay of 56 days condoned. We find no merit in this Special Leave Petition. However, as the questions raised in this petition arise repeatedly, we propose to pass a reasoned order after referring to the relevant facts.

(2.) 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. According to him, his services were terminated in the year 1982, in pursuance of a show cause notice dated 8.7.1982. 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. As the enclosure (show cause notice dated 8.7.1982) to the said representation was incomplete, the first respondent called upon him to send the complete document. Instead of complying 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 Administrative Tribunal disposed of the said application on 19.12.2002, without notice to the respondents, with a direction to the Director of Geology & Mining (first respondent), to consider petitioner s representation dated 21.7.2000 and pass an order thereon within four months. In compliance with the said direction, the first respondent considered and rejected the petitioner s representations by order dated 9.4.2002. The relevant portions of the said order referring to the facts, is extracted below:

(3.) On 10.3.2003, the petitioner filed an original application before the Tamil Nadu Administrative Tribunal for the following relief: