Document Fragment View

Matching Fragments

4.The petitioner in W.P.No.34651 of 2006 sought for the issue of a writ of certiorarified mandamus to call for the records on the file of the first respondent in his proceedings Rc.No.167633/95/OE3 dated 10.1.1997 (served on 8.8.97) and to quash the same so far as para (4) of the proceedings of the first respondent RC No.167633/95/OE3 dated 10.1.1997 and consequently direct the respondents to treat the period from 11.10.1994 to 1.8.1995 as compulsory wait and to disburse pay and allowances for the period.

5.The petitioner in W.P.No.35679 of 2006 sought for the issuance of the writ of certiorarified mandamus to call for the records relating to the proceedings of the Collector, Thanjavur District, Thanjavur in Na.Ka.No.10817/97 K3 dated 10.11.1997, quash the same and consequently, to direct the respondents to regularise the period from 7.9.1996 to 16.10.1996 as medical leave, 17.10.1996 to 25.10.1996 as compulsory wait and 25.10.1996 to 1.6.1997 as duty and consequently to direct the respondents herein to disburse all the service benefits which has been withheld on account of the above nonregularisation and to pay all the arrears due to the applicant on the above heads within short date.

8.In the second writ petition, the petitioner challenged the order of Registrar of Co-operative Societies, dated 10.1.97 in refusing to consider his request to treat the period from 11.10.94 to 1.8.95 as compulsory wait. The said order came to be passed pursuant to the direction issued by the Tribunal in OA No.3106 of 1996, dated 1.11.96. The petitioner while working as a Co-operative Sub Registrar was sought to be transferred to another society as a Special Officer. He filed OA No.3369/94. The Tribunal granted an interim stay on 5.7.94. He was allowed to continue in the said society and subsequently, posted to work in an another society as a Special Officer on 19.7.94. He did not join in the said post. But, again filed Original Application No.2204/94. It is stated that the said OA was dismissed by the /Tribunal on 5.8.94 and the petitioner filed an appeal to the State Government. He was given another posting order on 23.12.94 to work under the control of Deputy Registrar (Dairy), Madurai. The petitioner gave letter on 27.1.95 expressing his willingness to join duty. But, he did not join duty. But filed OA No.2328 of 95 and obtained an interim stay on 13.5.95. The said stay order continued. When the matter came up on 24.2.97, the Tribunal in OA No.2328/95 gave a direction to consider the request of the petitioner to get a posting at Madurai and pass a suitable order during the general transfer to be effected in 1997. Thus, his OA was not disposed of on merits and till date, there is no order of the Tribunal going into the merits of the transfer order and no court has considered any of the transfer order either illegal or non-est in law. Therefore, in the impugned order, the petitioner's claim for treating the period of absence as service with wages was declined and the order stated as follows:

"In view of above circumstances it is clear that eventhough three postings were given to Thiru M.Natarajan, Cooperative Sub Registrar by the Joint Registrar of Cooperative Societies, Madurai Region then and there, he has failed to join duty and approached the Tamil Nadu Administrative Tribunal each and every time challenging the posting orders issued to him. As the entire fault lies with the individual in not joining the posts issued to him and that no administrative reasons could be attributed for claiming compulsory wait, his request for treating the period of absence from 11.10.94 to 1.8.95 cannot be complied with."