High Court dismissed a writ petition challenging an order denying monetary benefits for a period of absence. The court held that the petitioner's failure to join the new post promptly, citing personal reasons, justified the "no work no pay" policy.
Writ petition dismissed; order denying monetary benefits for absence period summarized and maintained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.12.2020
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P.No.34250 of 2007
and
WMP No.2 of 2007
S. Anbazagan
...Petitioner
Vs.
...Respondents
Prayer: Writ Petition filed praying to issue Writ of Certiorarified Mandamus or any other writ or order or direction in the nature of writ calling for the records relating to Na.Ka.No.03/41336/2002 dated 12.06.2007 impugned order passed by the 1st respondent herein and quash the same and direct the 1st Respondent to pay legitimate claim of the petitioner in respect of monetary benefits for the period from 04.06.2005 to 30.08.2006 comes to a total sum of Rs.3,06,349/- with interest.
For Petitioner : Mr. S. Saravana Kumar For Respondents 1&2 : Mr.K. Magesh (Spl. Government Pleader)
This Writ petition has been filed praying to issue writ of Certiorarified Mandamus calling for the records relating to impugned order in Na.Ka.No.03/41336/2002 dated 12.06.2007 passed by the 1st respondent to pay legitimate claim of the petitioner in respect of monetary benefits for the period from 04.06.2005 to 30.08.2006 comes to a total sum of Rs.3,06,349/- with interest.
The petitioner was working as a Head Master cum Warden in the Adi Dravida Middle School at Dharmapuri in the year 2005. On the basis of report of allegation sent by the 2nd respondent, the petitioner was transferred to Adi Dravida Middle School, Salem, in the reverted post of B.T. Assistant by impugned order
dated 30.05.2005 of the 1st respondent in R.O.C. No.(01) 41336/2002. Though the petitioner was relieved from Dharmapuri District on 03.06.2005 in the after noon as per the aforesaid order, the petitioner did not join in Adi Dravida Middle School located at Salem District in the cadre of B.T. Assistant till 30.08.2008. Further, the petitioner had joined duty as B.T. Assistant of Adi Dravida Middle School Thekkampattu, Salem District, only on 31.08.2008. In the mean while, an enquiry was conducted and in the enquiry it was found that the charges levelled against the petitioner were not substantiated and thereby he was reposted as Headmaster cum Warden in the Adi Dravida Middle School at Dharmapuri. However, the petitioner was not given monetary benefit for the absence period from 04.06.2005 to 30.08.2006 as per the Government policy that no work and no pay for the non duty period of the petitioner. Being aggrieved, the petitioner has filed the present writ petition seeking for a direction to pay monetary benefits to the petitioner for non-joining period. ie. from 04.06.2005 to 30.08.2006 by quashing the impugned order passed by the 1st respondent herein.
rules and regulations in force on the policy of the Government that no work no pay for the long absence period from 04.06.2005 to 30.08.2006. Hence, the claim of the petitioner cannot be entertained since he did not join the duty at Salem as per the order passed by the 1st respondent and joined duty after taking long period on his own accord and on that basis, the writ petition is liable to be dismissed.
-s/dAssistant Registrar(CS-II)
True Copy
Sub-Assistant Registrar
To:
+1 CC to The Government Pleader sr 39831.
+1 CC to Mr.S. Saravana Kumar, Advocate sr 39770.
W.P.No.34250 of 2007
and
WMP No.2 of 2007
PA(CO)
SP(03/02/2021)
2 issues framed by the court
Whether a teacher transferred to a new school and relieved from the old one on 03.06.2005 who did not join the new post till 30.08.2006 deserves monetary benefits for the period of absence jointly exa
Whether personal circumstances like marriage arrangements constitute a valid excuse for non-joining duty after transfer.
S. Anbazagan
Director, Adi Dravidar Welfare Department, Ezhilagam, Chennai
District Adi Dravidar & Tribal Welfare Officer, Dharmapuri
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
