N. PANNEERSELVAM Vs. THE COMMISSIONER OF POLICE

JUDGEMENT

(1.) The prayer in the writ petition is for a writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the second respondent in proceedings No. P.R. No.292/50988/PR.II(1)/02, dated 16.04.2003 treating the out of employment period of the petitioner from 25.06.1993 to 13.02.2003 as eligible leave including leave without pay and quash the same and consequently, direct the respondents to treat the out of employment period of the petitioner from 25.06.1993 to 13.02.2003 as duty for all purposes except backwages as per Fundamental Rule 54-A.(3).

(2.) The short facts leading to filing of this writ petition is that the petitioner had joined the police services as Grade II Police Constable on 27.01986 in Armed Reserve, Chennai. He had absented from duty without leave or permission between 25.06.1993 to 15.07.1993. He was on Medical Leave with permission from 10.06.1993 to 24.06.1993. However, he was declared as deserter for absenting from duty for 21 days. For the said violation, an enquiry was conducted under Rule 3(b) of Tamil Nadu Police Subordinate Service (D & A) Rules, 1955.

(3.) Mr. Ravi Shanmugam, learned counsel appearing for the petitioner would straightaway invite the attention of this court with regard to the Rule position. According to him, as per F.R. 54-A.(3), the petitioner's non duty period between 25.06.1993 and 102.2003 should be treated as duty period for all purposes, however without any backwages. In this regard, the learned counsel relied upon the relevant rule, namely F.R. 54-A.(3), which reads thus: