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2003 Supreme(Mad) 163

V.S.SIRPURKAR, FAKKIR MOHAMED IBRAHIM KALIFULLA
D. Lawrance – Appellant
Versus
The District and Sessions Judge, Madurai – Respondent


Advocates:
V.Raghavachari, for Petitioner.
P.Chandrasekaran, Special Government Pleader, for Respondent.

V.S.Sirpurkar, J.: This is a writ petition by an employee who, at the relevant time, was working as an Assistant in the Court of District Munsif, Periyakulam. We need not go into the history of his career in this judgment. It will be sufficient to say that on 21.10.1993, the petitioner gave a letter to the Principal District Judge, Madurai, under whom he was serving at that time that he was relinquishing his right of promotion to the next higher post temporarily for a period of three years perhaps with an idea to avoid his transfer which would have been a certainty with his promotion. This letter was forwarded by the Subordinate Judge as is apparent from the record. The Principal District Judge passed an order on 11.11.1993 accepting the request of relinquishment. In his order, the Principal District Judge seems to have made a reference to G.O.Ms. No.783, dated 9.8.1982. On 28.4.1994, the petitioner was transferred to Madurai in the same capacity. It transpires from the argument at bar that he did not join and proceeded on one month’s leave and on the very next day of the transfer order i.e., on 29.4.1994 he made an application for revoking the relinquishment which had already come











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