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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.