P KODIRATHINAM Vs. DIRECTOR OF FAMILY WELFARE BUREAU

JUDGEMENT

(1.) THE relief sought for in this writ petition is to direct the respondents to regularise the services of the petitioner in the post of Family welfare Assistant with effect from his original date of appointment and consequently grant pension and other terminal benefits with arrears and interest.

(2.) THE facts of the case are that the petitioner was an exserviceman and after returning from the military service, he joined as family Welfare Assistant in the Government Hospital, Tindivanam on 17. 4. 1971. On 21. 9. 1976 he was admitted in the Tanjore Medical College Hospital and was under continuous treatment and hence he had applied for medical leave. After expiry of the medical leave, the petitioner had received a telegram from the hospital and subsequently he had submitted his resignation on 15. 10. 1976 to the Tindivanam Government Hospital. As he had not received any reply as to whether his resignation was accepted or not, the petitioner made a representation to the concerned authority. The District Medical Officer by his letter dated 28. 4. 1981 directed the petitioner to produce the original certificates and accordingly the petitioner produced all his original certificates and even thereafter, there was no reply. In the affidavit it is stated that the second respondent by his letter in ROC No. 8483/n5/96, dated 27. 9. 1996, directed the Medical Officer to inform as to whether the resignation of the petitioner was accepted or not. It is further stated in the affidavit that the first respondent on 27. 8. 1996 sent a letter to the chief Minister's Cell stating that appropriate reply will be given to the petitioner after receiving communication from the second respondent, but till date no reply has been received by the petitioner. Hence this petition seeking the above referred relief.

(3.) COUNTER affidavit has been filed by the respondents, wherein it is stated that the petitioner joined duty as Family Welfare Worker (subsequently redesignated as Family Welfare Assistant) on temporary basis on 17. 4. 1971 at the Government Hospital, Tindivanam and applied for leave stating that he was taking treatment at the Tanjore Medical College Hospital with effect from 21. 9. 1976 and furnished medical certificate for the period from 1. 10. 1976 to 31. 10. 1976. The then District Medical Officer, Cuddalore, instructed the petitioner to join duty forthwith by telegram dated 13. 10. 1976, but instead of joining duty, he had submitted his resignation letter on 15. 10. 1976 to the Government Hospital, Tindivanam. The petitioner was thereafter instructed to furnish necessary declaration in the prescribed format under FR. 41 to accept his resignation, which he did not comply with. The petitioner stayed away from duty since 31. 10. 1976 without applying for extension of leave and also without confirming his resignation in the prescribed format, as required by the Department, till his application dated 9. 1. 1997, wherein the petitioner requested for sanction of pension, DCRG, etc. According to the respondents, the said conduct of the petitioner establishes the fact that the petitioner had not joined duty after the period of leave on medical grounds reported to have been applied for, nor made any efforts to get postings from October, 197 6 to January, 1997, i. e. , for over twenty years. It is further stated that the petitioner's date of birth is 25. 7. 1938 and if he had continued in service, he would have retired on superannuation on 31. 7. 199 6 itself. Petitioner neither preferred any application before the directorate nor before the Tribunal for regularisation of his service. Petitioner filed the original application before the Tribunal, seeking regularisation of services and to sanction pension and other terminal benefits, only after the date of his presumptive retirement. It is further stated that since the petitioner tendered his resignation while he was on temporary service, and stayed away from duty from 21. 9. 1976 onwards till his presumptive date of retirement i. e. , 31. 7. 1996, he had rendered temporary service of only five years and therefore he is not entitled for any pensionary benefits, according to pension rules, which require minimum ten years of completed service.