S SIVAKUMAR Vs. PRINCIPAL DISTRICT JUDGE

JUDGEMENT

(1.) THIS Writ Petition is filed for the issue of a Writ of Certiorarified Mandamus to call for the records in pursuant to the termination order issued by the Principal District Judge, Coimbatore in A.No.1/2011 D.No.9442/2011 dated 28.11.2011 and quash the same and direct the respondents to reinstate the petitioner in the post of Office Assistant with back wages and consequential attendant benefits.

(2.) THE facts of the case in brief are as follows:- The petitioner was appointed by the first Respondent as Masalchi-cum-Night Watchman in Class IV of Tamil Nadu Basic Service with effect from 03.07.2009. Thereafter, he has been transferred and posted as Office Assistant in Class III category 5 of Tamil Nadu Basic Service in the existing vacancy at the Additional District Court (CBI Cases), Coimbatore Subsequently, at his instance, he was transferred and posted as Office Assistant at the Additional District Court (Fast Track Court No.V), Tiruppur. He was absent from duty with effect from 19.04.2011 without giving any leave application. Hence, memo has been issued to him by the second Respondent on 23.05.2011 for his absence, calling upon him to offer his explanation within seven days. He gave an explanation only on 31.05.2011. In the explanation, he has stated that he is taking treatment in the hospital for his anaemic condition and due to his illness, he could not attend the work. Thereafter, as per the letter dated 04.11.2011 issued by the first Respondent, he was asked to appear before the District Judge on 08.11.2011 for an enquiry. Thereafter, the learned District Judge passed the impugned order on 28.11.2011.

(3.) THE contention of the learned counsel appearing for the petitioner is that due to medical reasons the petitioner could not attend the work. Hence, the termination order may be set aside and he may be reinstated.