P JAYARAMAN Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The petitioner has prayed for issuance of a writ of certiorarified mandamus calling for the records relating to the entry made in page No.26 in Volume II of his Service Register and the orders of the 3rd respondent dated 30.11.2005 and 22.11.2006 issued in Na.Ka.No.3385/A8/1998, quash the same and to direct the respondents to promote him as Superintendent on the date on which his junior N.Balasubramanian was promoted with all attendant benefits.

(2.) The Writ Petitioner was appointed under Rule 10(a)(i) of General Rules for Madras State and Services as Typist on 21.4.1969 and it is stated that his services were regularised on 16.1.1978 with effect from 21.4.1971. He was granted selection grade on 22.4.1979 and subsequently he has been granted promotion as Assistant on 5.10.1989 and was regularised in the said post on 16.3.1998. Regularisation of services of the petitioner was revised from 21.4.1969 to 13.10.1978 and by virtue of the revision made, it appears that the respondents have passed orders of recovery of excess amount paid to the petitioner, against which the petitioner has approached the Tamil Nadu Administrative Tribunal by filing O.A.Nos.7159 and 7160 of 1993 and the Tribunal has granted an interim stay of the recovery order made pursuant to the revision as stated above.

(3.) In the meantime, it appears that a criminal case has been filed against the petitioner in C.C.No.139 of 1998, based on which, he was kept under suspension on 11.4.1998. The suspension order came to be revoked and the petitioner was allowed to be reinstated into service and thereafter he was allowed to retire on reaching the age of superannuation on 30.6.2001. It appears that on 12.11.2001, the criminal case filed against him ended in acquittal and thereafter he made representation to the respondents for regularisation of his services between the period from 11.4.1998 to 9.3.1999.