Madras High Court
T.S.Syed Akbar vs The Chief Engineer on 19 July, 2022
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.12407 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.07.2022
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.12407 of 2022
T.S.Syed Akbar .. Petitioner
Vs.
1.The Chief Engineer,
Public Works Department,
Water Resources Organization,
Trichy Region, Trichy – 20
2.The Superintendent Engineer,
Upper Kaveri Basin Circle,
Public Works Department,
Water Resources Organization,
Salem Circle, Salem.
3.The Executive Engineer,
Mettur Dam Division,
Stanley Reservoir,
Mettur, Salem District.
4.The Executive Engineer,
Sarabanga Sub division,
Namakkal,
Having present Office at
SK Gardens,
Annadanappatti,
Salem 630 002.
5.The Assistant Executive Engineer,
Sarabanga Sub Division,
Attur, Salem District. ... Respondents
https://www.mhc.tn.gov.in/judis
1/8
W.P.No.12407 of 2022
PRAYER: This Writ Petition has been filed under Article 226 of the
Constitution of India, to issue writ of Mandamus to direct the first
respondent to treat the petitioners service for the period from 12.08.2011 to
17.02.2013 as the period spent on Compulsory Wait as per rule 9(6)(3) of
Fundamental Rules and grant him all consequential and monetary benefits
within a stipulated time.
For Petitioner : Mr.A.Arulmozhi
For R1 to R5 : Mr.T.Chezhiyam
Additional Government Pleader
ORDER
This petition has been filed to direct the first respondent to treat the petitioners service for the period from 12.08.2011 to 17.02.2013 as the period spent on Compulsory Wait as per rule 9(6)(3) of Fundamental Rules and grant him all consequential and monetary benefits within a stipulated time.
2.Brief facts of the case:
The petitioner was appointed as a Jeep Driver on 07.12.1979, under the first respondent and when he was due to retire in two years, transferred from Salem Upper Cauvery Basin Circle to Mayiladuthurai Lower Cauvery https://www.mhc.tn.gov.in/judis 2/8 W.P.No.12407 of 2022 Basin Circle by the proceedings of the first respondent. Thereafter, the petitioner has preferred writ petitions in W.P.No.19427 of 2011 and by an order dated 22.01.2013, this Court has directed the first respondent to issue necessary posting order to the petitioner at Sarabanga Basin Sub Station, Attur and he joined duty on 08.02.2013. The period 12.08.2011 to 07.02.2013, the petitioner was kept under Compulsory wait. Hence, the petitioner made the representation to the first respondent on 01.04.2013 to regularize the said period but no orders were passed. Thereafter, on 31.07.2013, the petitioner was retired from the service and his pension proposals were not forwarded by the first respondent for want of orders from the third respondent. Hence, the petitioner filed a writ petition in W.P.No.34281 of 2013 and by order dated 19.12.2013, this Court has directed the first respondent to consider the representation of the petitioner.
However, no order has been passed by the respondents. Thereafter, the petitioner has made a representation to the first respondent on 10.03.2014 and 19.08.2014 to regularize the period from 12.08.2011 to 17.02.2013 as the period of compulsory wait as per Rule 9(6)(3) of the Fundamental Rules. The third respondent passed his proceedings dated 03.09.2014 treating (i) the period from 12.08.2011 to 06.11.2011 as earned leave (90 days), (ii) the period from 10.11.2011 to 07.02.2012 as unearned leave for personal https://www.mhc.tn.gov.in/judis 3/8 W.P.No.12407 of 2022 reasons (90 days) and (iii) the period 08.02.2012 to 07.02.2013 as leave on loss of pay (365 days).
3.Aggrieved over the same, the petitioner has submitted an appeal to the first respondent and the same was forwarded to the fifth respondent by directing him to submit the report of the petitioner and the said order has been forwarded to the third respondent to prepare the proposal and also requested the third respondent to re-submit the proposal to the first respondent for treating petitioner's service period as period of Compulsory Wait in accordance with the FR 9(6) Ruling No.3. In turn the third respondent has advised the fifth respondent to submit the proposal through the fourth respondent. Thereafter, no decision was taken on the issue. Hence, the writ petition.
4.The learned counsel for the petitioner submitted that the petitioner has sent several representations to the first respondent to regularize the period from 12.08.2011 to 17.02.2013 as the period of compulsory wait as per Rule 9(6)(3) of the Fundamental Rules and he is entitled for the same. Further, he submitted that even though three years time has been lapsed from the proceedings of the first respondent dated https://www.mhc.tn.gov.in/judis 4/8 W.P.No.12407 of 2022 18.10.2019, the third respondent has not submitted the proposal in spite of the communication sent by the fifth respondent dated 03.03.2020. Hence, he seeks indulgence of this Court to treat the petitioner's service for the period from 12.08.2011 to 17.02.2013 as the period spent on Compulsory Wait as per rule 9(6)(3) of Fundamental Rules and grant him all consequential and monetary benefits.
5.The learned Additional Government Pleader appearing for the respondents submitted that the representation of the petitioner will be considered by the authorities concerned and orders will be passed by them, on its own merits and in accordance with law.
6.Heard the learned counsels on either sides and perused the materials placed on record.
7.In view of the above submissions and also considering the limited scope of prayer, without expressing any opinion on merits, this Court is inclined to direct the respondents to consider the representation of the petitioner dated 05.08.2021 and pass orders on its own merits, in accordance with law, within a period of four weeks from the date of receipt https://www.mhc.tn.gov.in/judis 5/8 W.P.No.12407 of 2022 of a copy of this order. So far as the other reliefs are concerned, the petitioner is not entitled for the same. However, the petitioner is at liberty to furnish the additional particulars to the fourth respondent within a period of one week from the date of receipt of a copy of this order, if so advised.
8.With the above direction, this writ petition stands disposed of. No costs.
19.07.2022 Dua Internet:Yes To
1.The Chief Engineer, Public Works Department, Water Resources Organization, Trichy Region, Trichy – 20.
2.The Superintendent Engineer, Upper Kaveri Basin Circle, Public Works Department, Water Resources Organization, Salem Circle, Salem.
3.The Executive Engineer, Mettur Dam Division, Stanley Reservoir, Mettur, Salem District.
https://www.mhc.tn.gov.in/judis 6/8 W.P.No.12407 of 2022
4.The Executive Engineer, Sarabanga Sub division, Namakkal, Having present Office at SK Gardens, Annadanappatti, Salem 630 002.
5.The Assistant Executive Engineer, Sarabanga Sub Division, Attur, Salem District.
https://www.mhc.tn.gov.in/judis 7/8 W.P.No.12407 of 2022 D.KRISHNAKUMAR, J.
Dua W.P.No.12407 of 2022 19.07.2022 https://www.mhc.tn.gov.in/judis 8/8