Case Note & Summary
The case involved an appeal by the Government of Tamil Nadu against a decision of the Tamil Nadu Administrative Tribunal regarding the entitlement of K. Rajaram Appasamy to back wages after being removed from service for unauthorized absence. The respondent, a doctor, had not reported for duty for five years starting from May 1, 1982, and had made a representation regarding his posting in June 1987. Following a departmental enquiry under Rule 17(b) of the Tamil Nadu Services (Discipline and Appeal) Rules, he was removed from service. The Tribunal set aside this removal and directed the government to pay 50% of the back wages until the filing of the original application and full back wages thereafter until reinstatement. The Supreme Court, upon reviewing the case, noted that the respondent had not chosen to join duty for five years and that there was no evidence of any obstruction from the State Government. Consequently, the Court found the Tribunal's direction to pay back wages to be erroneous and allowed the appeal, setting aside the order for back wages without costs.
Headnote
A) Administrative Law - Disciplinary Action - Unauthorized Absence - Back Wages Entitlement - Tamil Nadu Services (Discipline and Appeal) Rules, 1970, Rule 17(b) - The respondent was removed from service for unauthorized absence of five years. The Tribunal's order to grant back wages was set aside as the respondent did not report for duty and there was no impediment from the State Government preventing him from doing so. Held that the Tribunal erred in directing payment of back wages (Paras Not mentioned).
Issue of Consideration
Whether the respondent was entitled to back wages during the period of unauthorized absence from duty.
Final Decision
The Supreme Court allowed the appeal and set aside the Tribunal's direction to pay back wages, concluding that the respondent was not entitled to any wages during the period of unauthorized absence.
Law Points
- Disciplinary action
- Back wages entitlement
- Unauthorized absence
- Administrative Tribunal powers
