S GANDHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) (Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus as stated therein.) The petitioner seeks a writ of certiorarified mandamus calling for the records pertaining to the order passed by the second respondent in Pani.2 (2) 40810/2004 dated 21.06.2005 and to quash the same and to direct the respondents to promote the petitioner as District Revenue Officer, conferring all the consequential benefits from the date of on which his junior was promoted.

(2.) THE petitioner joined the Department as Junior Assistant on 17.08.1996 and thereafter, he was promoted as Assistant in 1973 and then, to the post of Deputy Tahsildar in 1982 and in the year 1993, he was promoted as Tahsildar. After his service for a period of more than five years, his next promotion to the post of Deputy Collector was made and his further promotion is to the post of District Revenue Officer. At the time of filing of this writ petition, the petitioner was to retire on 28.02.2006; but, as on date, he is yet to be superannuated and he has not been allowed to retire from service. While so, a Charge Memo dated 21.06.2005 was issued to the petitioner by the second respondent calling him to submit his explanation.

(3.) THE third charge levelled against the petitioner is that, by his failure to file an appeal in the High Court challenging the order of the Tharapuram Sub-Court in which a compensation of Rs.80,000/- per acre was fixed as against the compensation of Rs.18,307/- as determined by the Special Tahsildar in connection with acquisition of land in Re-survey No.146/1 measuring 0.92.0 hectare, he has made the Government incur a loss of Rs.59.85 per day to be paid to the land owners.