G BERNATSAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) WRIT Petition has been filed praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the second respondent in Na. Ka. A1/2136/2001 dated 4. 9. 2002 and quash the same and consequently direct the second respondent to reinstate the petitioner in service with all attendant benefits.

(2.) THE case of the petitioner is that he belongs to the Scheduled Caste and that he is a diploma candidate in Pharmacy in Indian Systems of Medicine (Siddha); that the petitioner was called for an interview by the appointment committee for the post of Pharmacist in Pudukuruchi Siddha Dispensary through the Perambalur District Employment Office along with three more candidates; that he was selected for the said post among the other three candidates fixing a pay scale of Rs. 4500-125-1000; that he joined duty on 1. 10. 1999; that thereafter the second respondent wrote a letter dated 24. 8. 1999 to the District Siddha Medical Officer, Sivaganga for ratification of his appointment, for which a reply was sent on 26. 8. 1999 stating that as per the government letter dated 12. 2. 1991, the Panchayat Union Commissioner has got power to appoint qualified persons recommended by the appointment committee and when qualified persons are appointed by the appointment committee which has got power to do so, he cannot interfere with the same and hence approval is not required from him.

(3.) THE further case of the petitioner is that he continued to be in service till 4. 9. 2002 i. e. for 2 years and 11 months; that he was given all benefits such as increment, bonus, loan, dearness allowance, house rent allowance, miscellaneous allowance as that of a regular employee; that he was fully qualified at the time of his appointment; while so, the second respondent, without giving any show cause notice, terminated his services w. e. f. 4. 9. 2002 stating that prior sanction from the first respondent was not obtained with respect to his appointment nor his appointment was ratified by government and also there was an audit objection; that quoting the audit objection which was made during 1999-2000, after expiry of 2 years, he was terminated from service. Hence the writ petition.