P VELAYUTHAN Vs. DIRECTOR OF AGRICULTURE CHENNAI

JUDGEMENT

(1.) THE petitioner has approached this Court with the prayer for issuance of a writ in the nature of Certiorari, to quash the order Pro.D.Dis.opsl/158507/96 dated 10.5.2000 passed by the first respondent, with consequential relief of issuance of a writ in the nature of mandamus, directing the respondent to regularise his service from 30.6.95 to 17.7.1995 as compulsory wait and to grant salary for the said period.

(2.) THE petitioner was transferred on 22.6.1995. THE petitioner challenged the order of transfer before the learned Tamil Nadu Administrative Tribunal on 1.7.1995. THE Tribunal stayed the transfer. In pursuance to the interim order granted by the Tribunal, the petitioner filed representation for permission to join at the original place on posting. THE posting order was only issued to the petitioner on 17.7.1995. THE petitioner therefore, filed representation for treating the period of absence i.e. 1.7.1995 to 16.7.1995 as waiting period. THE respondents did not accept the request of the petitioner and ordered the period to be treated as leave of kind due.

(3.) THE petitioner has challenged the order rejecting the representation and the appeal, on the ground that once the order of transfer was stayed by the learned Tamil Nadu Administrative Tribunal and the petitioner had reported for duty along with copy of the stay order, it was not open to the respondent not to allow the petitioner to join duty.