S. SHADRACH PAUL, SHERISTADAR, DISTRICT COURT, MADURAI Vs. THE GOVERNMENT OF TAMIL NADU, REP. BY THE COMMISSIONER AND SECRETARY TO GOVERNMENT, HOME DEPARTMENT, FORT ST. GEORGE, MADRAS,

JUDGEMENT

(1.) The petitioner seeks for the issuance of a Writ of Mandamus, to direct the first and second respondents to restore the petitioner to Judicial Service and appoint him as Judicial Magistrate with a further direction to pay all attendant benefits as applicable to Judicial Magistrate.

(2.) The petitioner joined as Junior Assistant in District Munsif Court, Tirunelveli in the year 1957 and was confirmed in the said post in December, 1959. After securing a law degree, he got selected and appointed as a temporary Sub Magistrate, Vaniyambadi in the year 1973. Thereafter he was working as Judicial Second Class Magistrate III, Madurai. Between 5 -1 -1979 and 25 -11 -1980, he happened to dispose of two Summary Trial Cases in S.T.C.Nos.3486 of 1979 and 17 of 1980 by a common judgment which arose under the provisions Tamil Nadu Industrial Establishment (National Festival Holidays) Act. An appeal came to be preferred before the Chief Judicial Magistrate, Madurai, who while setting aside the order of the petitioner in C.A.No.110 of 1980, passed strictures against the petitioner for the irregular manner in which he wrote the judgment. The Chief Judicial Magistrate, apart from passing strictures, stated to have reported the matter to the second respondent which ultimately resulted in termination of the petitioner's judicial career by virtue of application of Sec. 13(e) of the Tamil Nadu Magisterial Service Rules. The order of termination was passed in G.O.No.3405, Home Department, dated 29 -12 -1980. The petitioner thus got reverted to his parent department of the Judicial Ministerial Service, He got relieved on 3 -1 -1981. The petitioner, after his reversion to the Judicial Ministerial Service, became a Sheristadar in the year 1994 and also reached the age of superannuation.

(3.) The petitioner preferred Crl.M.P.No.857 and 859 of 1981 before this Court and by order dated 23 -6 -1982, the strictures passed by the Chief Judicial Magistrate were expunged by this Court. The petitioner also filed W.P. No. 6216 of 1982 challenging G.O.No.3405 dated 29 -12 -1980. The said Writ Petition was resisted on behalf of the second respondent by filing a detailed counter on 22 -4 -1983. By order dated 3 -11 -1983, the Writ Petition was dismissed holding that the order of termination being one of termination simpliciter casting no stigma on the petitioner, the same did not call for interference. The petitioner filed W.A.No.1103 of 1983 and the Division Bench of this Court by its order dated 22 -3 -1990 confirmed the order of the learned Single Judge.