ORDER :

1. Heard Learned Counsel for the Petitioner and Learned Government Pleader for Endowments appearing for the respondents.

2. This Writ Petition is filed to issue a Writ of Mandamus, declaring the proceedings of the 2ndrespondent bearing Rc.No. SSD/Estt./2006, dated 27.01.2007 in which a punishment of removal was awarded against the petitioner and set aside the same and consequently, direct the 2nd respondent to reinstate the applicant into service as Junior Assistant under the control of the 2nd respondent temple with all consequential benefits.

3. The case of the Petitioner in brief, is as follows:

(a) Petitioner had been appointed as Junior Assistant and was posted to Sri Kodanda Rama Swamy Devasthanam, Navabpet, Lingalaghanpur Mandal, Warangal District. Subsequently, on 29.04.2006 the petitioner was transferred to the present place and joining report for the same has been submitted by the petitioner after transfer on 29.4.2006 F.N. and thereafter, the petitioner was permitted to join there.

(b) The petitioner proceeded for leave on health condition from 19/06/2006 to 14/07/2006 and proceeded on Medical Leave from 20/07/2006 to 04/07/2007 since petitioner was suffering from Hypertension and Left sided Hemiplegia (Paralysis).

(c) After petitioner’s recovery, he submitted a joining report on 05/07/2007 but there is no response from the 2nd Respondent. Later on, he submitted another joining report on 08/07/2007 duly enclosing the medical certificates and also fitness certificate issued by Civil Surgeon, Govt. Hospital, Jangaon, Warangal District. Even though, the petitioner has submitted his joining report, the 2nd Respondent has not permitted the petitioner to join duty. The petitioner has also submitted repeated representation not only to the 2nd Respondent but also to the 1st Respondent requesting them to permit the petitioner to join duty.

(d) Instead of allowing the petitioner to join service, the 2nd Respondent on 28.07.2006 issued a show cause notice for removal from service. The said notice was issued without holding any enquiry and without giving any opportunity to the respondent.

(e) Consequently, on 07.08.2006, the petitioner has submitted an explanation denying all the allegations. However, no action has been taken by the respondents and no permission was granted to the petitioner to join the duty in spite of repeated representation and there is no response from the respondents till date.

(f) delay in not permitting the petitioner to join duty is the fault of the 2nd Respondent and as such the period from the date of reporting to till permitting the petitioner to join duty is to be treated as compulsory wait and hence the petitioner is entitled to full salary and allowances etc. The period of Medical Leave is also not regulated by the 2nd Respondent and the petitioner was not paid any salary from the date of joining i.e., 29/04/2006.

4. The Counter Affidavit filed on behalf of the 2nd respondent, in brief, is as follows:

(a) The petitioner had been appointed as Junior Assistant in Sri Kondanda Rama Swamy Temple on 01/01/1992 as per his service Register on consolidated salary of Rs. 300/- P.M. Subsequently he was placed under suspension on 04/04/1995, in view of his involvement in offence counter feting currency notes (Crime No. 57/1995 of P.s. Jangaom, U/sec. 489/A of I.P.C). Thereafter he was reinstated into service on 05/10/2001 as the case was dismissed on the ground that the prosecution failed to prove the guilt beyond reasonable doubt.

(b) The petitioner was again placed under suspension on 10.6.2005 on the ground of absconding from duties from 28.05.2005 to 24.07.2005 and as many as 5 charges were framed against the petitioner. Subsequently, the petitioner was reinstated into service on 01.02.2006. The 1st Respondent vide R.C.No. A3/1313/2005 dated 29/03/2006, directed the 2nd Respondent to treat the period of suspension as “no work no pay” (EOL) as the petitioner had escaped from punishment on technicalities only