T SUBBAIAH Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) HEARD Mr.M.Ravi, learned counsel appearing for the petitioner and Mr.S.N.Kirubanandam taking notice for the respondents and perused the records.

(2.) THE petitioner, who is at present aged 79 years, has filed the writ petition, seeking to challenge the order of the first respondent State Government made in G.O.(2D) No,7, Environment and Forest Department, dated 28.01.2008 and after setting aside the same, it should be declared that he had retired from service with effect from 30.09.1988 with all consequential benefits together with interest at the rate of 18% per annum.

(3.) IT is the stand of the petitioner that just two days prior to his reaching the age of superannuation, the petitioner was suspended. But, there was no order passed denying him permission to retire from service and also retaining his service beyond 30.09.1988 until the conclusion of enquiry in terms of FR 56(1)(c). Therefore, since no orders have been passed on or before 30.09.1988, the petitioner is deemed to have retired from service. IT is the case of the petitioner that without fulfilling the requirement of FR 56(1)(c) which is mandatory, the disciplinary proceedings initiated against him on 28.6.1991 was not sustainable.