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[Judgment of the Court was Delivered By M.VENUGOPAL, J.] The Appellant / Respondent has preferred the instant Writ Appeal as against the Order dated 28.04.2014 in W.P.No.6959 of 2006 (OA.No.1860 of 2004) passed by the Learned Single Judge.

2. While allowing the Writ Petition on 28.04.2014, the Learned Single Judge had quashed the Impugned Order by issuing a direction to the Appellant/Respondent to treat the Compulsory Wait Period of the Respondent/Petitioner between 06.04.1988 to 16.04.1993 as duty period with all consequential and monetary benefits. Further, the Learned Single Judge had passed an Order to the effect that the Respondent/Petitioner shall be sanctioned and disbursed the amount due in question within 12 weeks from the date of receipt of copy of the Order.

3.The Learned Government Advocate for the Appellant urges before this Court that the Learned Single Judge had failed to consider the fact that the Authorities concerned only after examining the issue whether there was an absolute necessity to treat the period in question as compulsory wait as per Fundamental Rules based on the available records had passed order regulating the said period as Extraordinary Leave Without Allowance and without Medical Certificate.

4.The Learned Government Advocate for the Appellant contends that the Respondent/Petitioner, after he was on 'Unearned Leave on Private Affairs and Extraordinary Leave without Allowance from 08.02.1986' had applied for permission to join duty on 06.04.1998. Further, the Medical Officer, Dr.V.Gopalan, Civil Assistant Surgeon, Tanjavur, who issued Certificate dated 09.04.1988 had certified that the Respondent/Petitioner was under treatment for 'Abdominal Tuberculosis and Ulcerative Colitis' from 05.02.1986 to 09.04.1988 and that he was improved and physically fit to join duty from 10.04.1988. Added further, the Respondent/Petitioner had applied for permission to join duty on 06.04.1988 itself, ie., three days prior to the date on which he was certified by the Doctor to be fit to join duty. Presumably, in view of this, the Respondent/Petitioner was referred to the Medical Board for verification. However, these facts were not considered by the Learned Single Judge at the time of passing the Order in the Writ Petition.

7.The Learned Government Advocate for the Appellant strenuously contends that the Learned Single Judge had failed to take into account as per ruling (3) of Fundamental Rules, 9(6)(b) when a Government Servant is compulsorily wait for Orders of Posting, such period of waiting shall be treated as duty and during such period he shall be eligible to draw the pay plus special pay, which would have been drawn had he continued in the post he held immediately before the period of compulsory wait. However, in the instant case, the Respondent was not made to wait compulsorily from 06.04.1988 to 16.04.1993 for Orders of Postings and he was only directed to appear before the Medical Board for certification of his health condition on 06.04.1988.

13.In the instant case, the Medical Board was not constituted nor the Respondent was directed to appear before the Medical Board for the purpose of examination. As a matter of fact, he waited for longer duration only when he approached the District Educational Officer, again, the said Officer accepted his extention and issued posting orders. Further, he joined duty on the same day.

14. Suffice it for this Court to unerringly point out that the Respondent/Petitioner's case comes within the ambit of ruling (3) of FR 9(6). If that be the case, the compulsory wait period of the Respondent shall be treated as on duty with consequential monetary benefits to be paid by him.