IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:02.01.2008 CORAM: THE HON'BLE MR.JUSTICE M.CHOCKALINGAM W.P.NO.9597 OF 2006 AND WP.MP.NO.986 OF 2007 P.Neethimani ...Petitioner Vs. 1.The Registrar of Cooperative Societies, Chennai 600 010. 2. Joint Registrar of Cooperative Societies, Perambalur Region, Perambalur. 3. The Deputy Registrar of Cooperative Societies, Perambalur. 4. The Commissioner, Milk Production & Dairy Development Department, Madhavaram, Chennai 600 051. ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified mandamus as stated within. For Petitioner: Mr.M.Hidayattulla Khan For Respondents 1 to 3: Mr.S.Gopinathan Additional Government Pleader For Respondent No.4: No appearance. --- O R D E R Challenge is made to the order of the third respondent made in Na.Ka.No.1613/2005/Pa.Tho dated 3.2.2006 and to quash the same and directing the respondents to treat the period from 10.7.2003 to 24.9.2002 as compulsory wait as per Ruling (3) of Fundamental Rule 9(6) and pay salary. https://hcservices.ecourts.gov.in/hcservices/ 2. Affidavit filed in support of the petition is perused. 3. The Court heard the learned counsel on either side. 4. Admittedly, the petitioner was originally working as Junior Inspector of Cooperative Society and subsequently he was promoted as Senior Inspector of Cooperative Society from 21.10.1996 and posted at the office of the Deputy Registrar (Dairying), Perambalur, where from he was transferred and posted at the office of the Regional Deputy Director of Cooperative Milk Audit, Trichy. While so, he applied for leave on medical certificate for a period of 38 days from 2.6.2003 to 9.7.2003. On completion of the leave when he was about to report for duty on 10.7.2003, he was served with an order of transfer transferring him to the Office of the Deputy Registrar (Dairying) Perambalur as Senior Inspector (Dairying). When he was about to join in the transferred place on 11.7.2003, he was not allowed to join, since the approval from the higher authority has not been received. But, the transfer order was not revoked. Under such circumstances, the petitioner filed O.A.No.2784 of 2003 before the Tamil Nadu Administrative Tribunal to implement the order dated 10.7.2003. Finally, on 20.9.2003, the second respondent cancelled the above transfer order and posted him in the office of the Deputy Registrar of Cooperative Society, Perambalur. He was allowed to join on 25.9.2003. From the period between 10.7.2003 and 24.9.2003, the petitioner has been shuttled without giving proper posting order by the respondents. It is total administrative lapse on the part of the respondents and it should be treated as compulsory wait and therefore he is entitled for regularisation of the above said 77 days as compulsory wait. But it was denied. Under such circumstances, the writ petition has been brought forth for the relief as extracted above 5. After hearing the learned counsel for the petitioner and also the respondents, this Court is of the considered opinion that it is a fit case where the direction has got to be issued. It is not in controversy that the petitioner while he was about to join duty after the leave period, the order of transfer was served upon him on 10.7.2003 and when he was about to join duty in the transferred place, on the very next day, i.e. on 11.7.2003, he was not allowed to join duty, since the order of transfer has got to be approved by the Commissioner concerned and therefore he was not even allowed to work in the original place and thus neither he was worked in the original place nor in the transferred place. Hence, the delay is due to the administrative lapses and further an order of transfer originally made was subsequently cancelled, pursuant to the order of the Tamil Nadu Administrative Tribunal in O.A.No.2784 of 2003. Under https://hcservices.ecourts.gov.in/hcservices/ such circumstances, the petitioner could not either work at the original place or allowed to join in the transferred place. The reason being was that the transfer order was not approved. Hence, there was no lapses on the part of the petitioner, but it is only an administrative lapse. While it is noticed so, there is no reason for denial to give salary, since it has got to be treated only as compulsory wait. Hence, the petitioner is entitled to receive the salary for the said period from 10.7.2003 to 24.9.2003 i.e. for 77 days. The writ petition is ordered accordingly and the above order has got to be given effect to, as expeditiously as possible, preferably within a period of twelve weeks here from. No costs. Consequently, WP.Mp.No.986 of 2007 is closed. VJY Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. To 1.The Registrar of Cooperative Societies, Chennai 600 010. 2. Joint Registrar of Cooperative Societies, Perambalur Region, Perambalur. 3. The Deputy Registrar of Cooperative Societies, Perambalur. 4. The Commissioner, Milk Production & Dairy Development Department, Madhavaram, Chennai 600 051. 1 cc to Mr.M.Hidayattullah, Advocate, SR.370 jp (co) dv/29.1. W.P.NO.9597 OF 2006 AND WP.MP.NO986 OF 2007 https://hcservices.ecourts.gov.in/hcservices/