COMMON ORDER

This Writ Petition in W.P. (MD)No.17242 of 2014 is filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned order of Retirement on invalidation passed on 16.10.2014 by the 2nd respondent and consequently, direct the first and second respondents to reinstate the petitioner by providing alternative employment in Virudhunagar District itself with all service and monetary benefits within the time limit that may be stipulated by this Court. 2. The Writ Petition in W.P(MD)No.7293 of 2015 is filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned order in so far as rejecting the payment of salary for the period 30.04.2013 to 27.02.2014 vide his impugned proceedings, dated 26.12.2014 and consequently, direct the respondents to disburse the salary to the petitioner for the above said period including for the period 16.10.2014 to 26.12.2014 within the time limit that may be stipulated by this Court.

3. The brief facts of the case are that the petitioner joined the Military service on 01.09.1983, the petitioner has participated in Kargil War and Angola War at South Africa and rendered 17 years and discharged from service on 31.10.2000 as Naik. After the discharge from the Military service, the petitioner has joined the respondent department as Grade II Police Constable (Driver) on 30.11.2003. While the petitioner underwent training (Binut Jumping) at Virudhunagar in the month of March 2004, he was severely injured and was hospitalized. On 25.12.2008, the petitioner was posted at Armed Reserve, Virudhunagar. After completion of the training, the petitioner was posted at 11th Battalion, Rajapalayam in the year 2004. Due to the severe injury the petitioner was referred to the Government Rajaji Hospital, Madurai, where the petitioner was certified fit to drive four wheeler, but not fit for strenuous exercises, vide certificate, dated 10.10.2006. Thereafter, the petitioner was transferred to Armed Reserve, Tirunelveli on 31.10.2007 and the petitioner joined on 09.11.2007 at Tirunelveli City. While serving, he had severe pain and hospitalized on 04.12.2007. The petitioner was referred to the Government Rajaji Hospital, Madurai and admitted on 02.06.2008. The petitioner underwent Hip surgery on 10.07.2008 and discharged on 19.08.2008 and was on medical leave from 04.12.2007 to 15.12.2008. The Tirunelveli Medical Board has given a report on 16.12.2008, suggesting for alternative employment and the petitioner was relieved from Tirunelveli Armed Reserve on 17.12.2008 and joined at Virudhunagar Armed Reserve on 25.12.2008.

4. On 03.03.2009, the petitioner submitted a petition to the second respondent praying to allot “light duty work” and the petitioner was allotted Gardening work at Children Park within the Armed Reserve Quarters. On 25.04.2013, the petitioner again admitted in a private hospital and he was again admitted as in-patient on 30.04.2013 due to strenuous pain. While the petitioner was undergoing treatment, he was transferred on Administrative ground to Sivagangai through the Transfer order, dated 30.04.2013. The petitioner challenged the said transfer order in W.P. (MD) No. 8027 of 2013 and this Court, vide order, dated 08.05.2013, kept the transfer order in abeyance for a period of one week and directed the petitioner to submit a representation and directed the respondent to pass orders. The petitioner submitted a representation on 10.05.2013 and 25.05.2013. Since the said representation was not considered, the petitioner issued Contempt notice on 03.06.2013. The respondents have rejected the request of the petitioner, vide order, dated 12.06.2013. The said rejection order was put to challenge in W.P. (MD) No.9681 of 2013 and the writ petition was allowed, vide order, dated 27.01.2014. The petitioner was permitted to join duty on 27.02.2014 and referred to the Medical Board on 05.05.2014.

5. The contention of the petitioner is that the Medical Board has already given the opinion