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D.Jayakrishnan vs Dean

Madras High Court|26 July, 2017

JUDGMENT / ORDER

By consent of both sides, these writ petitions are taken up for final disposal.
2.The petitioner was appointed on contract basis in the basic service post by the Head of Microbiology Department on 15.07.2002 as Attender. While he was continuously working, on 05.02.2014, he went to attend his relatives function and at that time, he was forced to consume liquor along with his friends and thereafter as his leave was rejected, he attended the College. But he was restrained from attending the duty from 05.02.2014 to 13.02.2014 by proceedings of the third respondent in Na.Ka.No.4575/Ni.4/2010 dated 06.02.2014. In the meanwhile, he was sought for explanation for the said incident and therefore, the petitioner said to have tendered his apology letter on 07.02.2014 stating that he would not repeat the mistake. As he was not allowed to join duty, he made a request on 09.02.2014. Thereafter also, he was not allowed to join duty.
3. In view thereof, the petitioner has sent a representation through registered post on 10.02.2017 requesting for reinstatement in service. But the respondents have not considered the same. Therefore, he has come up with this writ petition.
4. This Court considered two aspects against the petitioner, namely,
a) The petitioner was restrained from attending the duty on 05.02.2014 to 13.02.2014 by the proceedings issued by the respondent dated 06.02.2014 on the ground that he was in an inebriated state on 05.02.2014;
b) Secondly, he was appointed as Contract Labourer by the Head of Microbiology as Attender and subsequently made as Dailywager.
5. Therefore, this Court is not inclined to show any sympathy or equity in favour of the petitioner. Accordingly, the writ petition fails and the same is dismissed. No costs.
To Dean, Govt. Thoothukudi Medical College, Thoothukudi. .
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Title

D.Jayakrishnan vs Dean

Court

Madras High Court

JudgmentDate
26 July, 2017