M. SANKAR Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE petitioner was appointed as Inspector of Fisheries by the Fisheries Department. He is now functioning as Inspector of Fisheries in the Office of Assistant Director of Fisheries, North Ramnad.

(2.) THE petitioner with the permission of the third respondent submitted an application for appointment to the post of Assistant Professor in Tamil Nadu Fisheries University. The petitioner was ultimately selected. The petitioner was directed by the fourth respondent to join duty vide order dated 16.07.2014. He was given extension of time to join duty on account of delay in relieving him by the second respondent. The second respondent ultimately rejected the request of the petitioner on the ground that due to dearth of hands in the cadre of Inspector of Fisheries, it is not possible to relive him from service. The said order is under challenge in this Writ Petition.

(3.) THE impugned order was passed on the ground that due to dearth of hands in the cadre of Inspector of Fisheries, it is not possible to relieve the petitioner from service. The reason that there are no sufficient hands in the Department to function as Inspector of Fisheries cannot be valid reason to reject the request of the petitioner to relieve him from the post of Inspector of Fisheries. It is pertinent to note that it was only the second respondent, who has given no objection to the petitioner to submit application for appointment to the post of Assistant Professor. The second respondent is therefore not justified in passing the impugned order.