(Order of the Court by T.S.SIVAGNANAM, J.,) Heard Mrs.M.Padmavathy, learned counsel appearing for the petitioner and Mr.V.Muruganantham, learned counsel appearing for the respondent and carefully perused the materials placed on record.
2. This contempt petition has been filed alleging wilful disobedience of the Judgment, dated 28.04.2014, in W.A.(MD) No.1307 of 2017, on the file of this Court.
3. The Division Bench, by the impugned Judgment, dated 28.04.2014, allowed the writ appeal and directed the respondent to reinstate petitioner into service. On such reinstatement, the petitioner allotted to Madurai Circle on administrative grounds.
4. This contempt petition has been filed primarily on two grounds. Firstly, there is no order directing reinstatement of the petitioner and giving joining time and secondly, the petitioner ought to have been permitted to join duty in the Kalakad Mundanthurai Tiger Reserve, where he was working earlier.
5. The one more ground raised by the learned counsel for the petitioner is that while forwarding the order, dated 16.05.2014, of the Principal Chief Conservator of Forests to the petitioner, in the footnote of the said order, the petitioner was described ?Under Suspension?.
6. The first aspect of the matter is that there is no relieving order. Nevertheless, it is not in dispute that the petitioner has joined duty in Madurai Circle on 21.05.2014. Thus, merely on account of non-issuance of relieving order that by itself would not be a wilful disobedience of the order passed by the Division Bench. However, we make it clear that because of the mistake committed by the Department, the petitioner's service should not be put to prejudice. Therefore, for all practical purposes, the date on which the petitioner rejoined to the duty shall be ?21.05.2014?.
7. The other aspect that the petitioner may be posted in Kalakad Mundanthurak Tiger Reserve cannot be countenanced, since the Department is empowered to place him in appropriate position based on administrative exigencies. The footnote put up by the Deputy Director, Project Tiger, Ambasamudram, describing the petitioner ?Under Suspension? will not by itself attract action for contempt. Thus, while disposing of the contempt petition, we direct that for all practical purposes, the date of joining of the petitioner shall be taken as ?21.05.2014?.
7. In the light of the fact that there were miscommunication between the Department and the petitioner, the period between 14.05.2014 till 21.05.2014 shall be treated as ?Duty?, but it is only for the purpose of ensuring that there is no break-up in service and not for any monetary benefits.
8. The contempt petition is disposed of with the above observations. No costs.
To:
Mitta Banarjee, The Chief Conservator of Forest and Field Director, Kalakad Mundanthurai Tiger Reserve, Ambasamudram, Tirunelveli District..