Grievance of the petitioner is that, despite Ext.P6 order regularising him in the service of the 1st respondent Corporation, he was not assigned duty on a regular basis, eventhough he had reported for joining duty. The petitioner was also not paid with pay and allowance in the regularised post of Conductor. He had submitted Ext.P7 request before the 2nd respondent to issue necessary directions to the unit office to permit the petitioner to join duty and also to disburse him the pay and allowance with effect from 22-12-2011. Since the said request was also not considered, this writ petition is filed.
2. Heard; Standing counsel appearing on behalf of respondents. It is evident from Ext.P6 that the petitioner was absorbed into regular service as Conductor in the 1st respondent Corporation on the basis of directions issued by this court. Since no retrospectivity is granted with respect to the regularisation, he can be presumed as absorbed in the regular service only with effect from the date of Ext.P6 order, i.e. On 14-03-2014. Of course, the petitioner will be at liberty to challenge the order to W.P.(c) No.15282/2014 -2-
the extent it has not granted retrospectivity with regard to regularisation. However, the petitioner is entitled to be permitted to join duty as a regular employee and he is entitled for pay and allowance applicable in the regular cadre, with effect from 14-03-2014 or with effect from the date on which the petitioner had reported for joining duty. It is necessary in the interest of justice that the 2nd respondent should issue direction in this regard considering Ext.P7 request.
3. Under the above mentioned circumstances, this writ petition is disposed of by directing the 2nd respondent to consider the request contained in Ext.P7 and to issue necessary directions to the unit officer concerned for permitting the petitioner to join duty as a regular employee and to disburse pay and allowance due to him from the date on which he had reported for joining duty pursuant to Ext.P6 order.
4. Necessary steps in this regard shall be taken and the pay and allowance shall be disbursed to the petitioner without any further delay, at any rate within a period of 3 weeks from the date of receipt of a copy of this judgment.
AMG Sd/-
C.K. ABDUL REHIM, JUDGE.
True copy P.A to Judge