V. THANIKACHALAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard M/s.V.S.Manimekalai, learned counsel for the petitioner and Mr.S.Janarthanam, learned Standing Panel Counsel for the 1 st respondent and Mr.A.R.L.Sundaresan, learned Additional Solicitor General of India for the respondents 2 and 3 and perused the materials available on record.

(2.) The petitioner has joined the National Institute of Technical Teachers' Training Institute [NITTTR], Taramani, in Civil Engineering on 31/3/1976 and in the year 1978, he was relieved from NITTTR and joined the Regional Engineering College, Trichy, as an Assistant Professor in Civil Engineering. The petitioner again joined the NITTTR as Assistant Professor on 1/3/1979. After joining as Assistant Professor, he submitted a Letter dtd. 14/3/1979, subscribing to Contributory Provident Fund (CPF) from the month of March 1979. Based on the written request made by the petitioner, he was placed under CPF Scheme. The petitioner was appointed as a Program Executive on 22/9/1989 and he was governed by CPF-G cum Gratuity Scheme. However, the petitioner later joined as a Professor in the Corresponding course with a different scale of pay.

(3.) On 12/8/2011, the petitioner submitted an application for re-employment and also seeking permission to opt for GPF Scheme. However his application was rejected on 5/11/2011 and he retired on 30/11/2011. On 5/3/2012, the petitioner filed an Appeal before the 1 st respondent. However, the 1 st respondent directed the petitioner to file an appeal before the Board of Governors. Accordingly, he filed an appeal before the Board of Governors but no order has been passed. Hence, the petitioner filed W.P.No.34617 of 2012 seeking a writ of mandamus to dispose his appeal. Consequent to the direction given by this Court, his representation was considered but rejected on 24/11/2020 by the 2 nd respondent.