D. AMEER RAJA Vs. ACCOUNTANT GENERAL

JUDGEMENT

(1.) This Writ Petition is filed for Writ of Certiorarified Mandamus, to quash the impugned Order, dated Nil passed by the 1st Respondent and to direct the 1st Respondent to fit the Petitioner into the Old Pension Scheme prevailing at the time of the Petitioner's joining service under the State Government (4th Respondent) i.e., 12/7/2002.

(2.) The Petitioner participated in the direct recruitment in the year 1999 - 2000 and was selected and posted as Junior Assistant cum Typist in Agriculture Department on 4/7/2002 and he joined the service on 12/7/2002. While in service, the Petitioner applied for the examination conducted by the Intelligence Bureau, Ministry of Home Affairs, New Delhi and was selected in the 5th Respondent office as Assistant Central Intelligence Officer, Grade II and directed to report to duty on 14/4/2005. Hence, the Petitioner submitted resignation and the 4th Respondent accepted the resignation vide order 6/4/2005 and has recorded the reason for resignation is to join in Central Government Service. While serving in the Central Government Service the Petitioner applied for TNPSC for the post in combined Subordinate Service Exam-I and got selected to the post of Sub-Registrar Grade II. Again, the Petitioner tendered resignation to the Central Government service and the same was accepted by the 5th Respondent on 29/8/2008 and he was relieved from service by accepting the technical resignation and then the Petitioner joined as Sub-Registrar Grade II in the 2nd Respondent department on 1/9/2008. Thereafter, he continued his service and was promoted to various posts and he was serving as Joint IV Sub-Registrar office, Palanganatham, Madurai.

(3.) The contention of the Petitioner is that he was appointed as Junior Assistant cum Typist in 12/7/2002 and he resigned from the said post on 6/4/2005. In the meantime, on 1/4/2003, the Government of Tamil Nadu introduced a new Pension Scheme known as Contributory Pension Scheme. The Employers who had joined the service on or after 1/4/2003 are eligible only for the new Pension Scheme. Since the Petitioner's appointment in the post of Junior Assistant cum Typist was on 12/7/2002, he submitted a representation, dtd. 23/3/2016, to the 1st Respondent seeking to bring his name under old Pension Scheme and allot GPF Account number. The 1st Respondent, vide impugned proceedings, dated nil, has rejected the request by stating that the Petitioner has resigned from the Agriculture Department on his own will and it was not a technical resignation. Aggrieved over the same, the present Writ Petition is filed.