Full Judgment Text
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PETITIONER:
GOVERNMENT OF TAMIL NADU & ANR.
Vs.
RESPONDENT:
K. RAJARAM APPASAMY
DATE OF JUDGMENT: 21/04/1997
BENCH:
K. RAMASWAMY, D.P. WADHWA
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
We have heard learned counsel for the parties.
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 form
service on the ground that the respondent was found to be
unauthorisedly absent from duty for five year. The Tribunal
is its impugned order set aside the order of his removal
from service and directed to pay 50% of the back wage till
the dated of filing of the original application and full
back wages form the dated filing of the original
applications till the dated 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 circumstance, 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 filing of the
original application and back wage thereafter till his
reinstatement. Accordingly, the appeal are allowed and the
direction to pay back wages stand set aside. No cost.