K KUPPUSAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) WE heard Mrs. Selvi George, learned Counsel appearing for the Appellant and Mr.S.N. Kirubanandan, learned Special Government Pleader appearing for the Respondents.

(2.) THIS Writ Appeal has been directed against the order of the learned Single Judge of this Court made in W.P.No.20320 of 2008, dated 12.01.2010.

(3.) ON the other hand, Mr. S.N. Kirubanadan, learned Special Government Pleader submits that the relevant Fundamental Rule in question was introduced only in the year 1987 whereas, the claim of the Appellant relates to the period from 1980 to 1983 and therefore, the relevant Rule which is in force, at that time was not at al available to the Appellant to make his claim for treating the absence period as duty period. It is further submitted that as the termination order was passed after following the due procedure and in accordance with Rules which was in existence then, there is no infirmity in the order of the Second Respondent.