M. Jaichandren, J.

1. Heard the learned counsels appearing for the parties concerned.

2. This writ appeal has been filed against the order, dated 31.8.2009, passed by the learned single Judge of this Court, in W.P.No.35660 of 2006 (O.A.No.3810 of 1998). The petitioner in the writ petition, in W.P.No.35660 of 2006, is the appellant in the present writ appeal.

3. The brief facts of the case are as follows:

3.1. While the petitioner was working as an Executive Officer, in Seithur Town Panchayat, during the period, from 25.4.1977 to 3.5.1979, it had been alleged that he had misappropriated the funds of the panchayat. Therefore, certain charges had been framed against him, vide a charge memo issued under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. Based on the said allegations, he had been imposed with the punishment of postponement of increment for three years, with cumulative effect. The said order had been passed by the Divisional Development Officer, Sivakasi, in his proceedings, dated 18.9.1980. The said punishment had been given effect to, from 3.10.1980.

3.2. It had been stated that the petitioner had preferred an appeal against the order