- (1.) The petitioner has invoked the extra-ordinary writ jurisdiction of this Court to direct the respondents to pay the full back wages for the period 2.3.2005 till the petitioner rejoined his duties and the period in question be treated as the duty period.
(2.) The petitioner, was working as welder since December, 1979 at Tau Devi Lal Thermal Power Station, Panipat. He was transferred in the year 2004. The petitioner resisted such transfer by making a representation (Annexure P.1) on 25.2.2005. It is the case of the petitioner that earlier he filed a writ petition in which notice of motion was issued and on account of such notice of motion, the respondents took action against the petitioner to CWP No.18683 of 2005 (2) transfer him and marked him absent as well.
(3.) In reply, it has been pointed out that the petitioner was transferred vide order dated 22.12.2004. The petitioner joined against vacant post of operator. The operators are to be put in parallel with contracting agency so that these officials may get gainful knowledge before taking over the plant from the contracting agency. The operation and maintenance of CHP-III remained with the contracting agency upto June, 2005 and available staff including the petitioner was put in parallel duty with contractor's staff over operating the plant. There was no change in the salary and allowances and other service conditions of the official. It has been pointed out that the petitioner did not work punctually for the period 1.1.2005 to 2.3.2005 but absented from duty and never responded to several letters/registered letters for resuming his duties. A notice dated 25.4.2005 was served upon the petitioner for resuming duties. It has further been pointed out that the training job assigned to the petitioner was much easier than the job of Welder and that the petitioner was not subjected to any financial loss. However, the petitioner failed to join duties and consequently, he remained absent from 2.3.2005 till the date of his retirement.;