IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 25406 of 2006 Between: Lateef Ahmed S/o Mohd Basheer Ahmed O/o Divisional Forest Officer, Hyderabad. ..... PETITIONER AND 1 The Principal Chief Conservator of Forests, Aranya Bhavan, A.P., Hyderabad. 2 The Conservator of Forests, Planning and Extension, Hyderabad. 3 Government of Andhra Pradesh, repby Secretary, Environment, Forests, Science and Techlonogy, Department, Secretariat, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more in the nature of Certiorari calling for the records relating to the order of the A.P. Administrative Tribunal in O.A. No. 6972 of 2004, dated 7-11-2006 and struck down the same and consequently hold that the petitioner is entitled for treating the period from 11-10-2003 to 22-7-2004 as compulsory wait under F.R.9(13) with all Consequential benefits including payment of Salaries and other attendant benefits and pass such other and further orders as this hon'ble Court may deem fit. Counsel for the Petitioner: MR.D.BALA KISHAN RAO Counsel for the Respondent No.: GP FOR SERVICES I ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed seeking a direction in the nature of writ of Certiorari calling for the records pertaining to the order of the A.P. Administrative Tribunal in O.A.No. 6972 of 2004 dated 7.11.2006 and quash the same and consequently hold that the petitioner is entitled for treating the period from 11.10.2003 to 22.7.2004 as compulsory wait under F.R. 9(13) with all consequential benefits including payment of salaries and other attendant benefits. The petitioner herein is the applicant in O.A. No. 6972 of 2004. O.A was filed under Section 19 of the Administrative Tribunal Act, 1985, to declare that he is entitled for treating the period from 11.10.2003 to 22.7.2004 as compulsory wait under F.R.9(13) with all consequential benefits including pay and allowances and other attendant benefits by holding the action of the respondents in not treating the above period as compulsory wait and describing him as on leave, as illegal. The brief facts of the case are that when the petitioner was working as Deputy Range Officer, Kodthal Section, Mahabubnagar District, the Principal Chief Conservator of Forests, Aranya Bhavan, Hyderabad, issued proceedings S.O.No. 72/2003/A2, Ref.No. 8084/2002/A2 dated 21.9.2003, transferring and allotting him P&E Circle, Hyderabad, even before he completed the minimum period of service at the place of posting, on the ground of disciplinary proceedings. In pursuance of the same, the Divisional Forest Officer, Mahabubnagar, issued Rc.No. 3301/S2/03 dated 6.10.2003, requesting the Forest Range Officer, Amangal Range, to relieve the petitioner and he in turn, through Memo.Rc.No. 150/A2/2001 dated 7.10.2003, directed the petitioner to handover the complete charge of Section Kodthal to Forest Section Officer, Shadnagar and to report before the 2nd respondent for further instructions and accordingly, the petitioner handed over the charge and got relieved on the same date. The case of the petitioner is that he had a major heart attack and he admitted to Mediciti Hospital and he made a representation to the first respondent on 13.10.2003, seeking posting at a place nearby Hyderabad. When there was no response, the petitioner reported before the second respondent-Conservator of Forests, Finance and Extension, Hyderabad on 16.12.2003, seeking posting orders to a place near by Hyderbad. Further the petitioner made several other representations on 23.1.2004, 8.3.2004 and 29.3.2004 to the respondents and the Government in their memo No. 2571/For.V/2004 dated 21.4.2004 requested the first respondent to furnish remarks immediately. While, so the first respdnent issued S.O.No. 64/2004/A2 Rc NO. 18788/2004/A2 dated 22.7.2004, re-allotting the petitioner to Hyderabad Circle for posting him in Special Duty post of Hyderabad division in the existing vacancy, in supercession of the earlier orders issued on 21.9.2003. In pursuance of the same, the Conservator of Forests, Hyderabad Circle, issued Rc.No. 1230/2003/M2 dated 23.7.2004, posting the petitioner as Deputy Range Officer, Special Duty attached to Hyderabad Division, by describing the period of absence of the petitioner as on leave, though the petitioner never applied for any leave but only represented for giving posting at a place nearby Hyderabad. The petitioner joined on 23.7.2004 at the new place of posting and has been working in the said post since then. The petitioner made representation dated 13.10.2004 for treating the period from 11.10.2003 to 22.7.2004 as compulsory wait, but however no orders have been issued in this regard. Respondents filed a counter affidavit denying the allegations made by the petitioner stating that the order was served through the Conservator of Forests, Hyderabad, with a request to relieve the petitioner. The petitioner has not joined in the place of posting, but submitted an application dated 16.12.2003, seeking posting in a nearby place to Hyderabad and through S.O.No. 42/2003/M2 dated 23.12.2003, the Conservator of Forests, Planning and Extension, Hyderabad, posted the petitioner at Wanaparthy Section of P&E Division, Mahabubnagar. Further it was stated that the Deputy Conservator of Forests, P&E, Mahabubnagar, vide his Ref.No. 646/S2/2004 dated 26.6.2004, reported that the petitioner had not yet joined at Wanaparthy section and the said fact was informed to Conservator of Forests, Hyderabad Circle, through Ref.No. 1922/2004/M2 dated 1.7.2004 of the Conservator of Forests, P&E, Hyderabad. It was further stated that though posting orders were issued to him, the petitioner did not join and as such, the period from 11.10.2003 to 22.7.2004 is not compulsory wait under F.R.9 (13) and that, the period in question can be regularized as leave as per rules, if the petitioner has any leave to his credit and hence, prayed for dismissal of the O.A. The Tribunal after examining the matter and also after hearing both the parties, held that the there are no merits in the prayer of the petitioner for payment of salary from 11.10.2003 to 22.7.2004 since he has not been able to prove that it was the fault of the respondent authorities and not his own, whereby he could not join the places of duty, which were given periodically to him. It further held that the respondent authorities have given posting orders in accordance with rules and regulations but for some reason or the other the petitioner did not comply with them. Challenging the same, the present Writ Petition has been filed. The learned counsel appearing for the petitioner-applicant contended that since the petitioner was suffering with heart ailment, he could not join and the respondent authorities treated that period as compulsory leave. On the other hand the learned counsel appearing for the respondent supported the impugned order of the Tribunal. We have perused the material on record and the order impugned. The Tribunal held that the respondent authorities have given posting orders in accordance with rules and regulations and the petitioner did not comply with the same. It further observed that the period from 11.10.2003 to 22.7.2004 is not compulsory wait under F.R.9 (13) and that the period in question can be regularized as leave as per Rules, if the petitioner has any leave to his credit. Under those circumstances, the Tribunal rightly dismissed the O.A and we see no reasons to interfere with the order of the Tribunal. Accordingly, the Writ Petition is dismissed. No order as to costs. _____________________________ GHULAM MOHAMMED ,J ___________________________ C.V.RAMULU, J Dt. 04.07.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Chief Conservator of Forests, Aranya Bhavan, A.P., Hyderabad. 2 The Conservator of Forests, Planning and Extension, Hyderabad. 3 Government of Andhra Pradesh, repby Secretary, Environment, Forests, Science and Techlonogy, Department, Secretariat, Hyderabad. 4. 2 CCs to G.P. for Services I, High Court of A.P., Hyderabad. 5. 2CD copies