Madras High Court
Dr.R.Madhavan vs The Commissioner Of Agriculture on 13 July, 2020
Author: S.Vaidyanathan
Bench: S.Vaidyanathan
W.P.No.37558 of 2005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.37558 of 2005
Dr.R.Madhavan ... Petitioner
vs.
1. The Commissioner of Agriculture,
Chepauk,
Chennai 600 005.
2. The Joint Director of Agriculture,
O/o.The Joint Director of Agriculture,
Dharmapuri – 636 705.
3. The Assistant Soil Chemist,
O/o.The Asst. Soil Chemist,
Soil Testing Laboratory,
Dharmapuri – 636 701. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a writ of Mandamus directing the Respondents
to consider and pass an order on the Petitioner's representation dated
02.01.1998, 05.09.1998, 30.01.2003, last representation dated 18.07.2005
regarding arrears of salary and other allowances at the earliest point of
time.
For Petitioner : No appearance
for Mr.A.Ramadoss
For Respondents : Mr.K.Magesh,
Special Government Pleader
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Page No.1 of 7
W.P.No.37558 of 2005
ORDER
Petitioner has come up with this Writ Petition seeking a direction to the Respondents to consider and pass orders on his representations dated 02.01.1998, 05.09.1998, 30.01.2003 and 18.07.2005, regarding arrears of salary and other allowances.
2. According to the Petitioner, he joined the services of the Respondent Department as 'Agricultural Officer (Chemistry)' on 10.11.1989. He completed all his study courses successfully and submitted his thesis to the concerned authorities on 15.04.1997. However, he was allowed to join duty only on 05.05.1997 vide order dated 02.05.1997.
3. It is the case of the Petitioner that, he was deputed to pursue 'further studies' in Agriculture in the interest of public service and hence, he is entitled to the connected pay and allowances thereof as per the Rules in force. He made a representation to the Respondents as early as on 02.01.1998 claiming that, he is entitled for appropriate pay and allowances for a period of 19 days between 16.04.1997 and 04.05.1997.
4. It is seen that, the 2nd Respondent vide Letter dated 05.01.1998 to the Petitioner had stated that, he had recommended the Petitioner's representation to the 1st Respondent to take appropriate action. As no action was taken on his representation, the Petitioner made other http://www.judis.nic.in Page No.2 of 7 W.P.No.37558 of 2005 representations to the Respondents on 16.10.1998, 05.09.1999, 30.01.2003 and 18.07.2005. Pending consideration of the said representations, the Petitioner is before this Court by way of the present Writ Petition.
5. The 3rd Respondent has filed counter for and on behalf of Respondents 1 and 2. For better appreciation, relevant portion of the same is extracted hereunder:
“3. Regarding para 4 of the Affidavit it is submitted that the Joint Director of Agriculture, Dharmapuri in his letter No' A,1/7588/97, dt. 02.05.1997 had issued the posting order to R. Madavan at Ofiice of Assistant Soil Chemist, Soil Testing Lab, Dharmapuri, (copy of letter enclosed)' Accordingly Thiru. R. Madavan has joined as Agricultural officer at soil Testing Lab, Dharmapuri only on 05.05.1997 Thiru.R.Madavan was transferred to the office of Assistant Agricultural chemist, Pesticides Testing Lab, Aduthurai that he is entitled pay and allowance from 16.04.1997 to 09.05.1997 (19 days), the period from the date of completion of M.Sc.
(Agri.) Course and the date of joining at Soil Testing Lab, Dharmapuri.
4. Regarding para 5 of the affidavit it is submitted that the petitioner has stated that there was delay in the issuing of posting orders, is not correct and denied. It is only a regular administrative delay by the appointing authorities.
5. Regarding para 8 of the affidavit it is submitted that the petitioner has given representation to his immediate controlling officer for the payment of salary to the said period. The immediate controlling officer has forwarded his application to Joint Director of Agriculture, Dharmapuri for clarification and to get http://www.judis.nic.in Page No.3 of 7 W.P.No.37558 of 2005 the order of regularization from Director of Agriculture, Chennai. The Joint Director of Agriculture, Dharmapuri had several correspondence with the Assistant Soil Chemist Soil Testing Lab Dharmapuri for getting certain particulars (viz) date of completion of M.Sc., (Agri. ) Course, allotment order of Director of Agriculture/Chennai, the date of relief from Joint Director of Agriculture/Coimbatore. After getting all the required particulars from the petitioner the Joint Director of Agriculture/Dharmapuri, in his letter No. 4.1125633102 dated 04.04.2006 has submitted a proposal to Commissioner of Agriculture, Chennai for treating the period as compulsory wait and for payment of salary to petitioner (copy of proposal enclosed).”
6. Learned Special Government Pleader appearing for the Respondents submitted that, the 2nd Respondent had forwarded the Petitioner's representation to the 1st Respondent for consideration and that, he is not aware as to whether the relief sought by the Petitioner has been granted.
7. It is seen that, the Petitioner has made a representation to the Respondents as early as on 02.01.1998 claiming entitlement of appropriate pay and allowances for a period of 19 days between 16.04.1997 and 04.05.1997. As no action was taken, the Petitioner made further representations to the Respondents on 16.10.1998, 05.09.1999, 30.01.2003 and 18.07.2005. In paragraph 4 of the counter filed by the 3rd Respondent, it is admitted that, the delay on the part of the Respondents in issuing http://www.judis.nic.in Page No.4 of 7 W.P.No.37558 of 2005 posting orders to the Petitioner is due to administrative reasons. Hence, this Court is of the view that, the Petitioner is entitled to wages for a period of 19 days between 16.04.1997 and 04.05.1997, as the Petitioner is not guilty.
8. The present Writ Petition is of the year 2005 and it is pending for nearly 15 years. Mere disposal of the Writ Petition is not going to help anyone. Hence, this Court is of the view that, if the Petitioner's representation dated 02.01.1998 claiming entitlement of appropriate pay and allowances for a period of 19 days between 16.04.1997 and 04.05.1997 is not decided so far, the same shall be decided and monetary benefits for the said period shall be paid to him within 30 days from the date of receipt of a copy of this order, as the said period cannot be treated as break in service.
The Writ Petition is disposed of with the above direction. No costs.
13.07.2020
Index : Yes/No
Speaking Order : Yes/No
(aeb)
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Page No.5 of 7
W.P.No.37558 of 2005
To:
1. The Commissioner of Agriculture,
Chepauk, Chennai 600 005.
2. The Joint Director of Agriculture,
O/o.The Joint Director of Agriculture, Dharmapuri – 636 705.
3. The Assistant Soil Chemist, O/o.The Asst. Soil Chemist, Soil Testing Laboratory, Dharmapuri – 636 701.
http://www.judis.nic.in Page No.6 of 7 W.P.No.37558 of 2005 S.VAIDYANATHAN,J.
(aeb) Order in W.P.No.37558 of 2005 13.07.2020 http://www.judis.nic.in Page No.7 of 7