SECRETARY TO GOVERNMENT OF TAMILNADU Vs. N.SUNDARAVADIVELU

JUDGEMENT

(1.) THIS writ appeal is filed against the order dated 09.1.2012 made in W.P.No. 17099 of 2007 wherein the respondent has challenged the order of removal from service passed in G.O.Ms.43, Environment and Forests (FR.1) Department, dated 26.3.2007 with a further direction to direct the appellants to pay all attendant retiral benefits payable to the respondent on his superannuation and continue to pay pension.

(2.) BRIEF facts in this case are that the respondent had been appointed as Forest Ranger through Tamil Nadu Public Service Commission on 01.11.1959 and after completion of training, the respondent was posted as Forest Range Officer, Periyakulam on 01.11.1961. After passing departmental examination, the respondent made representation before the Chief Conservator of Forests and other officials about his eligibility for promotion to the post of Assistant Conservator of Forests. Since his request was not considered, the respondent has filed W.P.No. 11575 of 1981 and the said writ petition was allowed by this Court. Aggrieved over the same, the department has filed W.A.No. 1113 of 1985 and the same was dismissed. In August 1986, the respondent was promoted and posted as Assistant Conservator of Forests at the office of the Chief Conservator of Forests, Chennai and thereafter, the respondent served in that cadre at various places. While he was functioning as Wildlife Warden, the respondent was placed under suspension on 11.4.1988 vide G.O.Ms.No. 397 Forests and Fisheries Department. The said suspension order dated 11.4.1988 was challenged by the respondent in W.P.No. 691 of 1988 and the said writ petition was allowed by this Court on 2.5.1988. Again the respondent was placed under suspension on 04.10.1988 and the said suspension order was also challenged by the respondent in W.P.No. 12683 of 1988 and by an interim order, the respondent rejoined duty on 13.3.1989.

(3.) AN exceedingly high number of offence pendency and no interest has been taken by you to reduce this pendency.