V CHOCKALINGAM Vs. CONSERVATOR OF FOREST

JUDGEMENT

(1.) THIS Writ Petition came to be numbered under Article 226 of the Constitution of India by way of transfer of O.A.No,924 of 2001 from the file of Tamil Nadu Administrative Tribunal praying for a writ of mandamus to direct the Respondents to regularise the period from 20.05.1997 to 04.11.1997 as 'Compulsory wait' and 'duty' for all purposes and grant consequential service and monetary benefits. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

(2.) THIS writ petition has been filed praying for a writ of mandamus to direct the respondent to regularise the period, from 20.5.1997 to 4.11.1997, when the petitioner was kept under 'compulsory wait', and to treat it as period on duty for all purposes, including monetary and other service benefits. The brief facts of the case of the petitioner are as follows:

(3.) AGGRIEVED by the said order, the petitioner had preferred O.A.No,3968 of 1997, before the Tamil Nadu Administrative Tribunal. The Tribunal, by its order, dated 1.7.1997, had granted an order of interim stay of the order of transfer, dated 26.5.1997, passed by the Principal Chief Conservator of Forests, Chennai. However, no orders had been issued to the petitioner permitting him to work, either in Perumballam Range, Kodaikanal, from which he had been relieved, on 16.5.1997, nor was he permitted to join duty in the H.P.Act Range, Kodaikanal. Later, by an order, dated 10.9.1997, made in O.A.No,3968 of 1997, the Tribunal had set aside the order of the Principal Chief Conservator of Forests, dated 26.5.1997 and the proceedings of the first respondent, dated 4.6.1997, transferring one N.Subramaniam to H.P.Act Range. The Tribunal had issued directions to the respondents to pass suitable orders so as to enable the petitioner to continue at Perumballam Range or to join the post at H.P.Act Range, Kodaikanal, within two weeks from the date of the passing of the order. Subsequently, the first respondent had issued orders, dated 3.11.1997, posting the petitioner to H.P.Act Range, Kodaikanal and he had joined duty, on 5.11.1997.