LAWS(MAD)-2010-12-214

V ANBAZHAGAN Vs. STATE OF TAMIL NADU

Decided On December 08, 2010
V.ANBAZHAGAN Appellant
V/S
STATE OF TAMIL NADU REP.BY ITS SECRETARY TO GOVERNMENT, SECRETARIAT, CHENNAI Respondents

JUDGEMENT

(1.) THE petitioner originally filed O.A.No.6894 of 2000 before the Tribunal challenging the order dated 29.8.2000. By the said order, the 3rd respondent Revenue Divisional Officer, Udyarpalayam, Perambalur District dismissed the petitioner from service on the ground that on the date of appointment of the petitioner as a Village Administrative Officer of Kodangudi Village, Udayarpalayam Taluk, he did not possess the necessary educational qualification and his appointment was irregular as the District Collector as well as the Secretary of the Revenue Department had directed them to pass appropriate orders.

(2.) THE Tribunal vide its order dated 18.9.2000 granted an interim-stay. Subsequently the said order came to be continued without specifying any time limit by a further order dated 12.9.2000. Though the Department filed M.A.No.4510 of 2001 seeking to vacate the interim order, for the reasons best known, the Tribunal did not take up the application and allowed the stay to be continued.

(3.) IT is unnecessary to travel into the rival contentions in terms of the view to be taken by this Court. IT is suffice to state that the petitioner was working as a Village Munsiff in Pichanur Village. During 1990 the State Government by way of an Ordinance 10/1980 abolished the post of Part time Village Munsiff. The said amendment came to be challenged before this Court as well as before the Supreme Court. The Supreme Court upheld the amendment but also gave a direction to the State Government to absorb such of those qualified persons in the full time post of Village Munsif (renamed as Village Administrative Officer).