K SHANMUGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE above Writ Petition has been filed by the petitioner praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the second respondent in his proceedings o. Mu. No. 2026/a5/90, dated 15. 2. 1990 and quash the same and to direct the respondents to allow the petitioner to join duty as Assistant Professor (Physics) in the 4th respondent college treating the period from 11. 10. 1989 till the date of joining duty and confer all the consequential benefits including salary, pay fixation and other service perquisites.

(2.) THE case of the petitioner is that he joined duty as demonstrator in the Management of Chikkaiah Naicker Mahajana College, Erode on

(3.) THESE facts are admitted ones but the pleading on the part of the respondents 1 to 3 is to the effect that the petitioner should have joined duty on or before 3. 7. 1989, but he admittedly joined duty only on 11. 10. 1989 and therefore, one could see reason in the second respondent's communication dated 15. 2. 1990, informing the petitioner that inasmuch as he was on leave for more than 5 years he was deemed to have been removed from service and therefore, he could not continue in the service of the fourth respondent college and on his representation the second respondent in his proceedings dated 15. 2. 1990 informed that if there is any sanctioned post in the said college, he might be appointed as fresh candidate. But however, the management did not seem to have given him any fresh appointment. The representation made to the Government on 23. 12. 2000 and the same had not been properly attended to and hence the above writ petition praying for the relief extracted supra.