S RAMADOSS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE writ petitioner was appointed as a Typist in the Agricultural Engineering Department on 14.12.1964 and was ultimately working under the 4th respondent. THE second respondent, while reorganizing the Horticulture Department in the proceedings dated 24.11.1995, ordered redeployment of persons found to be surplus and under the said scheme, the post of Typist was wound up and the third respondent by the proceedings dated 28.11.1995, by winding up the post of Typist held by the petitioner at Kodaikanal, redeployed him in the place of one Seralathan, who was working as Typist in Dindigul who, in turn, was redeployed to the second respondent.

(2.) EVEN though the petitioner joined at Dindigul on 30.11.1995 under protest, the petitioner was transferred from Dindigul to Chennai in the place of said Seralathan, who was redeployed again to Dindigul by the third respondent on 8.12.1995. The petitioner challenged the said order of transfer in O.A.No.3435 of 1996 before the Tamil Nadu State Administrative Tribunal, which granted stay on 9.7.1996. However, the petitioner was not issued with any work order posting him at Dindigul, in spite of the interim order and the 4th respondent returned the representation of the petitioner on 5.8.1996. The petitioner filed a contempt petition in C.A.No.417 of 1996 in O.A.No.3435 of 1996, in which the 4th respondent took a stand that the petitioner was posted in Dindigul, which according to the petitioner, is not correct.

(3.) THE 4th respondent, who has revoked the order of termination passed against the petitioner on 29.10.1999, has written to the second respondent recommending for early disbursement of terminal benefits to the petitioner. By order dated 15.11.2005, the 4th respondent also allowed the petitioner to retire from service. Since the petitioner was not paid the retirement benefits, the petitioner made representation to the second respondent and the 4th respondent on 12.12.2005, requesting for payment of terminal benefits and for regularization of the period from 9.12.1995 to 30.9.1999. Since no orders were passed, the petitioner filed W.P.No.5328 of 2006 for direction to pay terminal benefits. THE writ petition came to be disposed of on 5.9.2006 with direction to the second respondent to consider the representation of the petitioner dated 25.8.2005 and pass appropriate orders.