Government of Tamil Nadu and Another Vs. K. Rajaram Appasamy - Court Judgment

SooperKanoon Citationsooperkanoon.com/662779
SubjectConstitution ;Service
CourtSupreme Court of India
Decided OnApr-21-1997
Case NumberCivil Appeals Nos. 3138-3140 of 1997
Judge K. Ramaswamy and; D.P. Wadhwa, JJ.
Reported inAIR1997SC2439; JT1997(5)SC178; (1997)2MLJ80(SC); 1997(4)SCALE3; (1997)5SCC57; [1997]3SCR886
ActsTamil Nadu Services (Discipline and Appeal) Rules - Rule 17
AppellantGovernment of Tamil Nadu and Another
RespondentK. Rajaram Appasamy
Appellant AdvocateV. Krishnamurthy Adv
Respondent Advocate Dr. V. Gourishankar, ; and S. Rajappa, Adv.
Prior historyFrom the Judgment and Order dated 14.05.96 of the Tamil Nadu Administrative Tribunal, Madras in O.A. No. 2454, 2477 and 6373 of 1993
Excerpt:
- section 33: [dr.arijit pasayat & asok kumar ganguly,jj] power of central government to issue directions whether applies to individual tender process? - question left open. k. ramaswamy and d.p. wadhwa, jj.1. leave granted.2. we have heard learned counsel for the parties.3. these appeals by special leave arise from the order dated may 14, 1996 passed by the tamil nadu administrative tribunal, madras in o.a. nos. 2354, 2477 and 6373 of 1993. the admitted facts are that the respondent was working as a doctor. he proceeded on leave and made a representation on june 27, 1987 with regard to his posting. he did not report for duty for five years from may 1, 1982. a departmental enquiry came to be conducted against the respondent, under rule 17(b) of the tamil nadu services (discipline and appeal) rules. the competent authority removed him from service on the ground that the respondent was found to be unauthorisedly absent from duty for five years. the tribunal in is its impugned order set aside the order of his removal from service and directed to pay 50% of the back wages till the date of filing of the original application and full back wages from the date of filing of the original applications till the date of reinstatement. this court issued notice confined to the question of respondent's entitlement to back wages. it would be obvious that the respondent did not choose to join the duty for five years. there is nothing on the part of the state government which prevented the respondent from attending to his duties. under these circumstances, the tribunal is wholly wrong in its direction to the appellants to pay 50% of the back wages from the date of his absence till the date of filling of the original application and back wages thereafter till his reinstatement. accordingly, the appeals are allowed and the direction to pay back wages stands set aside. no costs.
Judgment:

K. Ramaswamy and D.P. Wadhwa, JJ.

1. Leave granted.

2. We have heard learned Counsel for the parties.

3. These appeals by special leave arise from the Order dated May 14, 1996 passed by the Tamil Nadu Administrative Tribunal, Madras in O.A. Nos. 2354, 2477 and 6373 of 1993. The admitted facts are that the respondent was working as a doctor. He proceeded on leave and made a representation on June 27, 1987 with regard to his posting. He did not report for duty for five years from May 1, 1982. A departmental enquiry came to be conducted against the respondent, under Rule 17(b) of the Tamil Nadu Services (Discipline and Appeal) Rules. The competent authority removed him from service on the ground that the respondent was found to be unauthorisedly absent from duty for five years. The Tribunal in is its impugned order set aside the order of his removal from service and directed to pay 50% of the back wages till the date of filing of the original application and full back wages from the date of filing of the original applications till the date of reinstatement. This Court issued notice confined to the question of respondent's entitlement to back wages. It would be obvious that the respondent did not choose to join the duty for five years. There is nothing on the part of the State Government which prevented the respondent from attending to his duties. Under these circumstances, the Tribunal is wholly wrong in its direction to the appellants to pay 50% of the back wages from the date of his absence till the date of filling of the original application and back wages thereafter till his reinstatement. Accordingly, the appeals are allowed and the direction to pay back wages stands set aside. No costs.