2.The necessity to seek such relief has arisen in the following circumstances. The petitioner was working as a School Assistant in Tamil, in a particular Higher Secondary School, run by the Government at Senkottai in Tirunelveli District. He was unjustly placed under suspension on 09.11.2004 by the Chief Educational Officer of Thoothukudi District. That gave rise to the institution of W.P.(MD)No.3677 of 2004. On 25.11.2004 finding merit in the claim of the writ petitioner, this Court granted an interim direction and subsequently, the interim order was also made absolute on 15th February, 2005. When the writ petitioner sought to report to duty pursuant to the interlocutory order passed by this Court on 25.11.2004, he was not allowed to join the school/duty and only on 10th of January, 2005, an order revoking the order of suspension was passed. Simultaneously, the second respondent has also passed an order transferring the writ petitioner to another school at Ariyanayagipuram in Tirunelveli District. The choice of this school was such that the writ petitioner could never accomplish or perform his duties there inasmuch as there is no vacancy available at that school at Ariyanayagipuram. Consequently, the second respondent has recalled his earlier orders transferring the writ petitioner and passed another order on 20th May, 2005, cancelling the transfer order to Ariyanayagipuram, dated 10.01.2005 and this time around transferred the writ petitioner and posted him at a school at Senkottai. Once again, the writ petitioner has approached this Court by instituting W.P.(MD)No.6005 of 2005. On 26th July, 2005, an interim order was granted by this Court staying the order of transfer. In spite of the repeated representations submitted by the writ petitioner, no posting order was issued to the writ petitioner. On 5th February, 2007, the first respondent transferred the writ petitioner to the Government High School at Munneerpallam, Tirunelveli District. Promptly, the writ petitioner joined the service in the said school. Thus upto 05th February, 2007, it is the second respondent who dragged on the issue by not allowing the writ petitioner to function at one place or the other. The writ petitioner has shown his bona fides by promptly joining the last of those places pursuant to the order of transfer passed by the first respondent / first appellant herein on 05.02.2007. Thus, the period from 09.11.2004, upto 09th February, 2007, is required to be regularised. Since the writ petitioner is not at fault, in not being allowed to perform his duties and it is all because of one unsustainable order or the other passed by the second respondent / second appellant herein, the writ petitioner cannot be penalised. Hence, we see no merit in this Writ Appeal and accordingly, it is dismissed.
