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2008 Supreme(Mad) 4205

SUDHANSU JYOTI MUKHOPADHAYA, V.DHANAPALAN
D. Vijayarangan – Appellant
Versus
Secretary Sales Tax Appellate Tribunal (Addl. Bench) & Others – Respondent


Advocates Appeared:
For the Petitioner:R. Rangaramanujam, Advocate.
For the Respondents: Girish Neelakandan, GA.

Judgment :-

S.J. Mukhopadhaya, J.

The writ petition was preferred by the petitioner for direction on respondents to sanction the pension and other retirement benefits, he having completed 14 ½ years qualifying service.

2. According to the petitioner, he was recruited through Tamil Nadu Public Service Commission and joined as Junior Assistant in Highways Department on 19th Sept., 1973 and, later on, at his request, was transferred and posted in the Commercial Taxes Department and joined Sales Tax Appellate Tribunal on 6th Oct., 1982. While in service, he suffered mental illness for which he had to proceed on medical leave from 1st Sept., 1987 to 29th June, 1988 and 30th June, 1988 to 29th July, 1988. Since the leave exceeded more than one year, he was served with a notice that no government servant can be on leave for more than one year.

In this background, he had to resign from service, but on recovering from illness, requested the 2nd respondent to reinstate him in service, which was rejected on 17th Feb., 1993. The 3rd respondent also rejected the prayer. In the meantime, he having attained the age of superannuation, applied for retirement, but such application was rejected.

3. C













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