A. RAMASAMY Vs. DISTRICT COLLECTOR, VILLUPURAM DISTRICT

JUDGEMENT

(1.) The petitioner was initially appointed in the Revenue Department as a Part-time Sec. Writer on 19/5/1981 and he was posted on regular basis as Surveyor-cum-Draftsman on 1/12/1982. Thereafter, when he was selected to the post of Village Administrative Officer, he had given one month Notice for resignation to the Assistant Director of Survey and Land Records, Cuddalore. His request for resignation for the purpose of joining the post of Village Administrative Officer was accepted on the after noon of 15/4/1984 through the proceedings dtd. 07/04/1984. Accordingly, the petitioner had also joined as Village Administrative Officer on 8/7/1984. He continued in the said post and ultimately, retired from service on 30/4/2013. When the petitioner sought for inclusion of his service period between 1/12/1982 and 15/4/1984, the same came to be rejected by the first respondent herein stating that the above service cannot be included in his Net Qualifying Service, since he has resigned the job and such entry is also found in the Service Register of the individual. Challenging the order of the first respondent in Ref.No.N1/1064/15 dtd. 21/1/2016, this present Writ Petition has been filed.

(2.) Rule 23 and Rule 24 of the Tamil Nadu Pension Rules reads as follows:-

(3.) The learned counsel appearing for the second respondent places reliance on the entry in the service register and submitted that since the entry does not reveal that the resignation was for the purpose of joining another government service, the benefit under Rule 23 will not be applicable to the petitioner. Such an inference drawn from the entry in the service register seems unacceptable. For this purpose, it would be appropriate to refer to certain dates of the petitioner's resignation and the subsequent government employment.