P. AHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) THE main challenge in the writ petition is against Exhibit P6 order passed by the Government by which it was found that the service of the petitioner from 01.08.1973 only has to be calculated for pension and other service benefits and not any prior service as claimed by him.

(2.) THE petitioner retired from service on 31.05.1996. The petitioner was initially appointed as Lower Grade Arabic Teacher and was promoted as per Exhibit P1 order. Later he resigned from service. The resignation was accepted by the District Educational Officer as per Exhibit P2 dated 11.07.1972. Thereafter, he submitted a representation before the Government seeking re -employment. By Exhibit P3, the said request was accepted on the specific condition that on his reinstatement he should be treated as a fresher for purposes of seniority, pay and other service benefits.

(3.) LEARNED Counsel for the petitioner submitted that the acceptance of resignation by the District Educational Officer was not proper and he should be deemed to have been continued in service as resignation has no effect. It is clear from Exhibit P3 that the Government has also treated that the petitioner has resigned from service and accordingly sanction was awarded for reinstatement in service with a specific condition that he should be treated as a fresh hand. Therefore, at this distance of time, the petitioner cannot contend for the position that acceptance of resignation is bad.