LAWS(MAD)-2011-1-274

STALIN Vs. DIRECTOR OF FISHERIES

Decided On January 21, 2011
STALIN Appellant
V/S
DIRECTOR OF FISHERIES, EXPLORATORY FISHERIES DEPARTMENT Respondents

JUDGEMENT

(1.) THE petitioner has filed this writ petition seeking a a Writ of Certiorarified Mandamus, to call for the records pertaining to the order of termination issued by the second respondent in A1.40757-2005 dated 10.06.2005 and quash the same and consequently, direct the respondent to reinstate the petitioner in service.

(2.) THE petitioner is a post graduate holding M.Sc., M.Phil.,(Zoology) qualification. He has completed the post graduate degree in the year 1998 from Manonmaniam Sundaranar University. He has registered his name in the District Employment Office, Kanyakumari at Nagercoil after completion of the course. THE Government of Tamil Nadu, P&AR Department has issued G.O.Ms.No.85 dated 04.07.2003 to fill up the Junior Assistant vacancy temporarily on gross remuneration basis by agreement under general Rule 11 of the Tamil Nadu State and Subordinate Services Rules. THE District Employment Officer has sponsored the name in the penal of candidates. THE second respondent/District Collector, Kanyakumari District has appointed the petitioner for the post of Junior Assistant in the Fisheries Department on a consolidated pay of Rs.4,000/- p.m as per the order dated 09.07.2003. He has been directed to report before the second respondent/District Collector, Kanyakumari District, forthwith.

(3.) THE learned Counsel for the petitioner submits that the petitioner has been denied the right to prove his innocence and further that he has not been communicated with the reasons for non-acceptance of his reply dated 09.06.2005 and as such, the order of termination issued by the first respondent is in violation of principles of natural justice.