RAMESH C V Vs. DIRECTOR OF AGRICULTURE

JUDGEMENT

(1.) The issue raised in this Original Petition is as to whether the petitioner is entitled to get pro rata retirement benefits for the service having a period of 7 years, 6 months and 25 days rendered by him in the 2nd respondent-Rubber Board ('respondent Board' for short), pursuant to his subsequent appointment in the Agriculture Department of the Government of Kerala. The facts necessary for the disposal of this matter are as follows:

(2.) The petitioner joined the service of the respondent Board on 30-10-1991 as Field Assistant. Later he was selected and appointed in the officer cadre as Junior Field Officer and was posted on 27-10-1993. While so, the Kerala Public Service Commission issued a selection notification in December, 1993 inviting applications from eligible candidates for selection and appointment as Agricultural Officer Grade II in the Department of Agriculture, Government of Kerala. It is the case of the petitioner that he came to know of this selection notification only just prior to the last date for submission of the applications and therefore, he was constrained to submit the application directly to the Public Service Commission, without prior intimate to his employer. The petitioner later submitted Ext. P-1 representation dated 19-11-1994 to the respondent Board to ratify his submission of the application. He also later applied for casual leave before the Board authorities intimating that the same is required in connection with his appearance in the written examination to be conducted by the Service Commission for the said selection process and the respondent Board had granted such leave from 5-1-1995 to 7-1-1995. The petitioner also submitted application dated 5-12-1995 requesting the respondent Board to issue him conduct and experience certificate so as to submit the same before the Public Service Commission authorities at the time of interview and the 2nd respondent issued Ext. P-2 certificate dated 15-12-1995 wherein it is specifically certified that the same is issued for appearing for the interview for the post of Agricultural Officer Grade II in the Department of Agriculture, Government of Kerala. The petitioner had also applied for casual leave from the respondent Board authorities to enable his appearance in the interview, that was conducted by the Service Commission and such leave was also granted by the respondent Board in order to enable him to attend the interview. The Service Commission issued the advice memo dated 16-3-1999 to the petitioner, whereby the Commission advised him for appointment to the said post under the Government of Kerala. According to the petitioner, immediately on receipt of the advice memo dated 16-3-1999, he had submitted Ext. P-3 dated 31-3-1999 informing the respondent Board that he has been advised for appointment as Agricultural Officer in the Government of Kerala and that he may be relieved from duties as Junior Field Officer on receipt of the posting order from the Agriculture Department and that this may be considered as advance intimation for technical resignation. Later, when the petitioner secured appointment order from the Agriculture Department of the Government of Kerala, he submitted Ext. P-4 representation dated 14-5-1999 informing the Board authorities that he has been appointed as Agricultural Officer in the Department of Agriculture, Government of Kerala, and that he has been instructed to report for duty by them on or before 26-5-1999 and that he may be relieved from the service of the Board on 25-5-1999 so as to enable him to join for duty in the new post on 26-5-1999. The petitioner also submitted Ext. R-2(b) dated 20-5-1999 to the respondent Board authorities for the same purpose. Pursuant to this, the respondent Board issued Ext. R-2(c) dated 24-5-1999 informing him that his resignation as Junior Field Officer has been accepted and that he may be relieved from the service of the respondent Board with effect from A.N. of 25-5-1999. Accordingly, the petitioner joined the post under the Agriculture Department of Government of Kerala on 26-5-1999.

(3.) As the petitioner had seven years, six months and 25 days of service under the respondent Board, he submitted Ext. P-5 dated 6-7-1999 requesting the respondent Board that the service details and service gratuity may be forwarded to the Principal Agricultural Officer, Agriculture Department, Government of Kerala, Kozhikode, for counting his service of seven years six months and 25 days in the service under the State Government Department. This was rejected by Ext. P-6 dated 19-10-2000 issued by the respondent Board authorities on the ground that since his application for the post of Agricultural Officer was not through proper channel, he is not eligible for any pro-rata retirement benefits from the respondent Board as per the rules. Aggrieved by this, the petitioner submitted Ext. P-7 representation dated 8-11-2000 before the higher authorities of the respondent Board, which was rejected vide Ext. P-8 dated 8-6-2001 issued by the respondent Board reiterating the same reason as in Ext. P-6.