K. RAJAIAH NADAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition is filed for issuance of a Writ of Certiorarified Mandamus to quash the proceedings of the 1st respondent in G.O.(ID)No.20 dtd. 3/11/2009 confirming the order of removal in memo No.113/C dtd. 14/3/1986 passed by the 3rd respondent and consequently direct the respondents to pay pensionary and other benefits to the petitioner.

(2.) The case of the petitioner is that he served as Lancenaick in the Indian Army, Crops of Engineering from 25/5/1963 to 2/6/1972 and he was discharged with the recommendation "fit to seek civil employment". Thereafter, he was re-employed as a boat-keeper in 5(TN) Naval NCC, Nagercoil on 19/3/1973. Thereafter, he was transferred to 32(TN) INDP/INF/COY/NCC and since both of the above said units were disbanded, he was posted as Lascar in 11(TN/BN) NCC Nagercoil. Though the petitioner was discharged his duty without any blemish and to the utmost satisfaction of the authorities due to inadequate pay and availability of driver post in the unit, he desired for conversion of his job from Lascer to driver. The petitioner applied for one year on loss of pay with effect from 15/3/1983. However, due to unavoidable circumstances and the sudden cardiac illness of his wife, he was forced to extend the leave to 16/3/1985 and thereon. Though he was permitted to take leave upto 16/3/1985 the subsequent leave application made by him was not replied by the respondents. Due to economical crisis, illness of his wife and other unexpected circumstances he suffered with mental illness and could not even understand what was happening in and around him. Though he slowly recovered from the said situation and approached the 3rd respondent office in July 1987 to his shock, he was informed that he had been removed from service from 16/3/1985 without prejudice to his entitlement to receive any benefit from the Government that might have accrued during his service up to 15/3/1985.

(3.) Learned counsel for the petitioner submitted that Rule 18(2) of the Fundamental Rule permits a Government servant to avail leave of any time not exceeding 5 years. He had not been availed of the same despite the above said situation. The said order of removal was passed without any notice or enquiry and much against the rules contemplated under the Tamil Nadu Civil Services (Discipline and Appeal) Rules and against the principles of natural justice and settled principles of service jurisprudence.