P. RAJ KUMAR Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The order of rejection rejecting the claim of the writ petitioner for retrospective declaration of probation by regularising the leave period, is under challenge in the present writ petition.

(2.) The writ petitioner states that he was promoted to the post of Deputy Tahsildar on 23/11/2007 and posted as Reception Deputy Tahsildar at Salem. The third respondent transferred the writ petitioner as Zonal Deputy Tahisldar, Gangavalli in proceedings dtd. 15/11/2008. The petitioner was relieved from duty immediately on 17/11/2008. Due to his illhealth, the petitioner joined and applied for medical leave from 19/11/2008 till 18/12/2008. The petitioner thereafter made a request application to transfer him as Deputy Tahsildar in Salem Taluk considering his health conditions.

(3.) The third respondent after delay of 13 days, issued orders, informing the writ petitioner that he has to join as Zonal Deputy Tahsildar at Gangavalli itself. Thus, the petitioner proceeded on leave further on the ground that he was not in a position to travel for 75 kms every day to Gangavalli. The petitioner applied leave on various grounds. The petitioner was continuously on leave for about 281 days. Thus, there was a delay in declaring the probation of the writ petitioner in the post of Deputy Tahsildar. Consequent to the delay in declaration of probation, the petitioner lost his further opportunity for promotion to the post of Tahsildar in 2010 panel. Thus, the petitioner made a representation to declare the probation with retrospective effect by regularising the period of leave period and the said application was rejected.