D MUGUNDA BABU Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) PRAYER in this writ petition is to issue a writ of mandamus directing the respondents to permit the deceased first petitioner to join duty as Exhibition Assistant in the Health Education Bureau Wing of the second respondent and to permit him to retire from service with a further direction to the respondents to pay all pensionary benefits inclusive of gratuity, GPF, leave salary, etc.

(2.) THE case of the petitioners is that the deceased first petitioner was appointed as Craftsman in the Health Education Bureau under the directorate of Public Health Department on 1. 1. 1962 and subsequently promoted as Exhibition Assistant in 1969. After working for about eight years in the said capacity, on 22. 9. 1977 he submitted a letter of resignation to the director of Public Health and Preventive Medicine, Chennai, through the technical Assistant of the Directorate. THE resignation letter was given on health reasons and also due to family circumstances. On 29. 10. 1977, petitioner received a memo from the second respondent stating that he should remit a sum of Rs. 40/- being festival advance due to the Government and according to the affidavit filed by the deceased first petitioner, the same was also remitted and communicated by letter dated 19. 1. 1978. THE deceased first petitioner also handed over the tools and materials available with him to the Craftsman by name t. G. Santhanakrishnan on 15. 2. 1978.

(3.) THE respondents filed counter affidavit on 27. 5. 1996 before the State Administrative Tribunal wherein it is stated that the deceased first petitioner has tendered his resignation on 22. 9. 1977 and he stayed away from duty with effect from 25. 9. 1977 without getting relieved from the office. He has given an undertaking on 12. 10. 1977 to the effect that he is fully aware of the consequences of the resignation and will not claim the post in the public Health and Preventive Medicine Department in future and also remitted rs. 40/-, outstanding festival advance and furnished challan evidencing the same. It is further stated that in respect of the repeated instructions, the deceased first petitioner failed to furnish details and charge of the post. An audit objection was raised against the petitioner as per the Accountant general's Audit report and a memo was forwarded to the petitioner, which was returned by the postal authorities, stating that the petitioner is not available in the given address. Since then the deceased petitioner's whereabouts are not known and therefore audit objections also could not be cleared by effecting recoveries. However the said amount of Rs. 1,272/- was recovered from the immediate superior officer of the deceased first petitioner. It is further stated in the counter affidavit that he could neither be contacted, nor he has furnished his correct address and the application submitted on 23. 2. 1994 withdrawing the resignation is only an afterthought, which lacks bona fide. It is also stated in the counter affidavit that the post of Exhibition Assistant in the Tamil Nadu Public Health Subordinate Service, which fell vacant from 25. 9. 1977 due to unauthorised absence of the deceased first petitioner was filled up by a candidate selected by the Tamil Nadu Public service Commission during July, 1985, and as such, there is no post available and due to want of clearance of audit objection, his resignation could not be considered and the request to treat his resignation letter dated 22. 9. 1977 as a letter of voluntary retirement from service also could not be complied with.