R BALASUBRAMANIAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has filed this writ petition praying for an issuance of a Writ of Certiorarified Mandamus in calling for the records relating to the impugned orders of the first respondent made in his proceedings in G.O.Ms.No.893, Public (Special A) Department, dated 24.6.2004 and as confirmed by rejecting the Review Petition in Letter NO.2730/2004-5 Public (Special A) Department, Secretariat dated 18.8.2005 and to quash the same as illegal and an unsustainable one and also consequently to direct the Respondents to reinstate the Petitioner as District Judge in the Tamil Nadu State Judicial Service with all attendant benefits together with back wages and other emoluments.

(2.) THE petitioner was selected as a District Munsif through Tamil Nadu Public Service Commission by an order dated 09.6.1988 and posted as Additional District Munsif at the Additional District Munsif Court, Ariyalur during 1988. Subsequently, by direct recruitment, the petitioner was selected as Subordinate Judge in the Tamil Nadu State Judicial Service in pursuance of G.O.Ms.No.121 dated 20.1.1989 and he was posted as Subordinate Judge at Krishnagiri and he joined duty on 10.2.1989 Forenoon. His services were regularised by G.O.Ms.No.961 dated 30.6.1993 with effect from 10.2.1989. By means of an official memorandum dated 30.5.1997, he was promoted to the cadre of District Judge, Grade II and appointed as II Additional District Judge, Tiruchirappalli. Later, he was transferred and posted as Chief Judicial Magistrate, Dindigul and joined duty on 09.03.1998. By a Notification dated 02.12.1999, he was transferred and posted as Principal District Judge, Dindigul and took charge on 06.12.1999 Afternoon.

(3.) TO the petitioner's shock and surprise, the first respondent, by an order in G.O.Ms.No.893, Public (Special A) Department, dated 24.6.2004, has compulsorily retired the petitioner from service, invoking Rule 56(2) of the Fundamental Rules. The said order was communicated by the Registrar General of this Court through a Notification No.80/2004 dated 24.6.2004 mentioning that the petitioner was relieved from the service with effect from 24.6.2004 Afternoon. However, he was given the liberty to file a Review Petition to the Government against the order of compulsory retirement within one month from the date of receipt of the same.