R RAMALINGAM Vs. COMMISSIONER AND SECRETARY TO GOVERNMENT AGRICULTURE DEPARTMENT FORT ST GEORGE CHENNAI 9

JUDGEMENT

(1.) THE petitioner is aggrieved by the order of the Tamil nadu Administrative Tribunal, passed in O. A. No. 872 of 1989, dated 22. 3. 2000.

(2.) THE issue involved in the Original Application was whether the petitioner is entitled for counting the period of service between 31. 5. 1965 and 6. 2. 1978 during which period he worked as Junior Assistant earlier in the Civil Supplies Department and as Store Keeper in the Agriculture department from 21. 3. 1970 till the date of his termination. Subsequently, the petitioner got selected as Store Keeper by the Tamil Nadu Public Service commission and was appointed with effect from 1. 9. 1979. He retired from the services of the State in the year 2003. In respect of one Thiru. S. Venkataramani who was also initially appointed temporarily as Store Keeper, but who was also not recruited through the TNPSC, but was subsequently appointed to the post of store Keeper in a regular recruitment made by the TNPSC, who was conferred the benefit of service rendered by him prior to the date of his regular recruitment through the TNPSC, in G. O. Ms. No. 712, Agriculture (AA. IV) Department, dated 7. 4. 1979. Prompted by issuance of the said G. O. in favour of thiru. S. Venkataramani, the petitioner preferred a representation before the respondents, which was rejected by the respondents in their communication dated 5. 8. 1988 and 24. 1. 1989. Challenging the same, the petitioner preferred the present O. A. No. 872 of 1989 before the Tribunal.

(3.) WE also concur with the said conclusion of the tribunal and state that the case of Thiru. Venkataramani as considered and granted by the respondent-State in G. O. Ms. No. 712, dated 7. 4. 1979, was peculiar to the facts of the service relating to the said person and on the basis of the said G. O. , no benefit could have been granted to the petitioner. Since, as noted, in the case of the petitioner, there was a specific disruption by way of termination in the year 1978, the petitioner can be stated to have commenced his service in the State afresh only from 1. 9. 1979 and whatever temporary service rendered prior to the said date which resulted between 31. 5. 1965 and