G.GURUSWAMY Vs. SAIKUMAR, I.A.S.

JUDGEMENT

(1.) THE Contempt Petition 1699 of 2011 has been filed for noncompliance of the order dated 11.04.2002 and the review application SR has been filed against the order passed in W.P.No.1020 of 1999 dated 11.04.2002 along with petition to condone the delay of 3613 days in filing the review application.

(2.) THE petitioner has sought to file the present review petition alleging that the existence of two letters in Lr.No.1253/ADM/TEDA/2002 dated 07.06.2002 and Lr.No.1253/2002/ADM dated 12.12.2011 came to his knowledge and therefore prayed this Hon 'ble Court to review the order 11.04.2002. The case of the petitioner is that he should have been voluntarily retired from the service of the Public Works Department in the post of Superintending Engineer in view of the above letters.

(3.) CONSIDERING the necessity, the petitioner was permanently absorbed into the Agency and a Circular Resolution was passed to that effect. Notwithstanding the same, the Agency repatriated him back to the parent Department by proceedings, dated 13.02.1998 and by proceedings, dated 07.04.1998, the parent Department informed him that he was being posted as Electrical Engineer in PWD, Chennai. In the meantime, the petitioner submitted for voluntary retirement from service and since no favourable orders were received went on leave. Effectively, he did not work in any Department from 15.02.1998 to 31.08.1999. The petitioner filed Writ Petitions in W.P.Nos.1019 and 1020 of 1999 for Mandamus to forward the Resolution for absorption as General Manager. The Government had challenged the order of the Tribunal directing the State Government to permit the petitioner to go under voluntary retirement.