R DURAIKANNU Vs. DIRECTOR OF SERICULTURE SALEM

JUDGEMENT

(1.) WRIT petition came to be numbered by way of transfer of O. A. No. 2327 /1999 from the file of the Tamil Nadu Administrative Tribunal to call for the records relating to the order passed by the respondent in Na. Ka. No. 22297/a6/96 dated 18. 12. 1998 and set aside the same and direct the respondent to disburse the salary to the petitioner from 26. 04. 1 994 the date of order in O. A. No. 1448/91 to the date of posting given on 29. 01. 1996 with interest as per Government order i. e. , 12%. The prayer in this writ petition is to issue a writ of mandamus to quash the order dated 18. 12. 1998 and for a direction to the respondent to pay salary to the petitioner from 26. 04. 1994 till 21. 09. 1996 with interest at the rate of 12%.

(2.) THE facts necessary for the disposal of the writ petition are that the petitioner was terminated from service by the order dated 04. 12. 1987. The said order of termination was challenged before the Tribunal in O. A. No. 1448/1991 and the same was allowed on 26. 04. 94, directing the respondents to reinstate the petitioner in service as Practical Sericulturist within a period of two months from the date of receipt of a copy of the order, but without backwages and to count the earlier period of service after condoning the breaks for the purpose of pension.

(3.) ACCORDING to the petitioner, the said order having not been implemented, he filed contempt application before the Tribunal and thereafter, only on 29. 01. 1996, the petitioner was given reinstatement and no salary for the period from 26. 04. 94 to 29. 01. 96 was given. The petitioner after rejoining in the service, claimed the salary for the period from 26. 04. 94 to 29. 01. 96 and the same was rejected by the respondent by stating that the said period will be taken for pension purpose only and no salary is payable.