H ANWAR BASHA Vs. REGISTRAR GENERAL INCHARGE

JUDGEMENT

(1.) THIS Writ Petition has been filed, praying for issuance of a writ of certiorarified mandamus, to call for the records of the first respondent, dated 03.09.2004, relating to the proceedings in ROC No.3637/2002/C.1, in confirming the the proceedings of the second respondent, dated 10.06.2002, in A.No.147/99, quash the same and consequently direct the respondents to reinstate the petitioner in service as Junior Assistant with effect from 10.06.2002 with all attendant benefits.

(2.) PETITIONER's father, by name, Shaik Hyder was working in Tamil Nadu Judicial Ministerial Service as a Junior Assistant. He died in harness on 14.08.1991 while he was serving as Junior Assistant in Principal District Munsif Court, Villupuram. After his demise, the petitioner prayed for appointment on compassionate grounds, and, by an order, dated 13.01.1992, he was given appointment accordingly. Pursuant to his appointment, the petitioner was discharging his duties without any complaint whatsoever.

(3.) TO the above charge, the petitioner submitted his explanation, stating that the complainant was his paternal uncle Shaik Hyder was his father and not Gaffar Shaik Hyder nominated the mother of the petitioner, namely, Azeema Bi, as his heir in his service records the complainant himself had taken all initiatives to celebrate the marriage of the petitioner as elder son of the family and even in the marriage invitation, the complainant himself referred the petitioner as his younger brother Shaik Hyder's son after the death of the petitioner's first wife, the complainant himself took all efforts to celebrate his second marriage and even in that marriage invitation, he mentioned the petitioner as the elder son of his younger brother the complainant had also presented a written undertaking to the Jamat required for the marriage that the elder son of the complainant acted as Vakil for the said marriage the complainant himself was helpful to get the petitioner appointed on compassionate grounds and, later, due to some property disputes between the complainant's family and the petitioner, the complainant had come forward with a false complaint the complainant himself had stated no objection for payment of the monetary benefits to the mother of the petitioner after the death of his father Shaik Hyder the petitioner and his mother were not aware of the alleged Gaffar according to the petitioner's mother, the petitioner and the other children were born to her through Shaik Hyder alone and the petitioner had never intended to cheat the Judicial Department.