P KALYANI Vs. SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT

JUDGEMENT

(1.) THE petitioner has filed the above writ petition praying to issue a writ of certiorarified mandamus calling for the concerned record from the third respondent pertaining to the order dated 2. 11. 2001 in O. A. No. 6798 of 1998, quash the same and consequently direct the respondents 1 and 2 to treat the period of service put in by the petitioner from 1. 9. 93 to 7. 3. 1997 as regular service and count the said period for pension and other retirement benefits and refund the amount deducted unlawfully together with interest at 12% per annum.

(2.) HEARD Mr. Chandru, learned Senior Counsel appearing for the petitioner and the learned Special Government Pleader for the respondents.

(3.) IN order to appreciate the questions raised in the present writ petition, it is necessary to notice all the facts. The petitioner was a Senior Scale Lecturer in Physics, A. G. Government Arts College, Tindivanam. At that time he issued notice dated 1. 6. 1993 requesting for voluntary retirement from service in accordance with Fundamental Rules FR 56 (3) (e) (i ). The said notice was received by the Government on 5. 8. 1993. However, the Government instead of allowing the petitioner to retire, initiated a departmental proceedings and issued charge memo as per communication No. Na. Ka. No. 33056/03/93 dated 21. 8. 1993 and subsequently issued a letter dated 28. 10. 1993 indicating that the notice for voluntary retirement cannot be accepted in view of the pendency of the disciplinary proceedings. The petitioner filed O. A. No. 5984/93 praying for quashing the charge memo dated 21. 8. 1993 and further praying that he should be allowed to retire as per his notice dated 1. 6. 1993. After hearing both sides, the said application was allowed by the Tribunal by order dated 3. 4. 1996. The Tribunal has passed the following order:-