M MOHAMMED MOHIDEEN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) W.P.No.23305 of 2005 has been filed praying for the issuance of a Writ of Certiorari calling for the records pertaining to G.O.(D)No.635 dated 30.6.2005 of the first respondent and quash the same.

(2.) W.P.No.23306 of 2005 has been filed praying for the issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to G.O.(D)No.636 dated 30.6.2005 of the first respondent and quash the same and consequently direct the first respondent to allow the petitioner to retire on 30.6.2005, the date of superannuation with pensionary benefits together with interest @ 18% per annum.

(3.) THIS case is a classic example how a genuine person was deprived of his right to promotion and depriving him from enjoying the benefits of the promotional post by initiating departmental proceedings against him and issuing a show cause notice for enhancing the punishment and after receiving the explanation to the show cause notice and keeping it pending without passing orders thereon and thereafter, placing him under suspension and continuing to extend the order of suspension indefinitely without conducting any enquiry is unconstitutional and against the public interest.