V RAMAMURTHY Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) THE Original Application has been filed by the petitioner seeking to call for the records pertaining to the order passed by the 3rd respondent in his proceedings Na.Ka.No.64/A1/95 dated 05.10.1995 and set aside the same and direct the respondents to pay the salary for the period from 04.10.1988 to 31.05.1995 treating the period as compulsory wait and settle all the retirement benefits. On the abolition of the Tamil Nadu Administrative Tribunal, the original application stood transferred and re-numbered as W.P.No.16827 of 2006.

(2.) THE learned counsel appearing for the petitioner would contend that the petitioner was appointed as Library Record Clerk on 22.08.1962 in Government High School, Thiruthuraipoondi. In the year 1983, on 07.11.1983, there was some theft which took place in the library and ultimately it was found that 1739 books were missing. THEreafter, on 01.06.1985, the petitioner was issued a show cause notice for recovery of value of the books, for a sum of Rs.4,161.56. THE petitioner submitted his explanation. While considering the petitioner's explanation, on 22.12.1987, the petitioner was directed to pay the entire amount of Rs.4,161.56. THEreafter, on 01.08.1988, the petitioner was transferred from Thiruthuraipoondi to Ayyanur. According to the petitioner, the relieving order was not issued to him and therefore, he applied for medical leave from 03.08.1988 to 03.10.1988, After expiry of the medical leave, he approached the Headmaster of Thiruthuraipoondi Higher Secondary School for relieving him so as to enable him to join duty at Ayyanur, but the petitioner was not relieved on the ground that he has to pay the sum of Rs.4,161.56 which was ordered to be recovered from him. Under those circumstances, challenging the order of recovery, the petitioner has filed O.A. No. 1124 of 1990 before the Tribunal. THE Tribunal, after hearing both sides, by an order dated 26.02.1993 allowed the Original Application as prayed for.

(3.) THE Government did not prefer any appeal against the order dated 21.10.1999 of the Tribunal. On the other hand, the Government had implemented the order of the Tribunal by issuing G.O. Ms. No.153, Personnel and Administrative Reforms (F.R.III) Department dated 08.08.2000. In the said Government Order, the Government, after examining the order of the Tribunal has stated in Para Nos. 3 as follows:-