M. SRINIVASA RAGHAVAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition is filed challenging the G.O.(D)No.423 dtd. 22/10/2019 with a consequential relief of reinstatement and all benefits.

(2.) The facts are that the petitioner initially, he was appointed as Assistant Engineer on 26/2/1999 and was placed as Municipal Engineer in Padmanabhapuram Municipality, then was transferred to various Municipalities. The next promotional post is Assistant Executive Engineer and the petitioner was on the verge of his promotion. The second respondent issued tentative seniority list of Assistant Engineers for further promotions vide proceedings dtd. 7/2/2019 and the petitioner was at Serial No.4 in the list. Under these circumstances, the first respondent issued the impugned order of compulsory retirement vide G.O.(D).No.423 dtd. 22/10/2019, for the disciplinary proceedings which was initiated against the petitioner while he was working as Assistant Engineer in Dharapuram Municipality in the year 2005, that is 14 years before and the impugned order was communicated by the fourth respondent vide proceedings dtd. 7/11/2019. The contention of the petitioner is that for the alleged incident happened in the year 2005, the impugned punishment imposed after a period of 14 years is illegal, belated and unconstitutional. Aggrieved over the same the petitioner had filed this writ petition.

(3.) Heard Mr.Isaac Mohanlal, learned Senior Counsel, for M/s.Isaac Chambers for the petitioner, Mr.J.John Rajadurai, learned Government Advocate appearing for the first and second respondents, Mr.J.Parekhkumar, learned counsel appearing for the third respondent and Mr.A.K.Manikkam, learned counsel for the fourth respondent and perused the records.