P BANGARUSAMY Vs. DISTRICT ELEMENTARY EDUCATIONAL OFFICER

JUDGEMENT

(1.) (Prayer: This writ petition has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records relating to the order of the first respondent dated. 13.2.1997 issued in Na. Ka. No. 803/A3/97 and to quash the same and to direct the respondents to sanction and give retirement and pension benefits to the applicant with effect from 1.1.1982.) The petitioner was employed as a Primary School Headmaster in a School run by the Adi Dravidar Welfare Department. He joined service in the year 1962. Thereafter, he resigned the post on 1.1.1982 for the purpose of contesting election for the post of Chairman of Panchayat Union. His nomination was not accepted because of the stay order granted by the court. Thereafter, the petitioner did not do anything about the said resignation.

(2.) DURING the year 1996, he started sending representation after a period of 14 years that he should be paid pension. The petitioner also sent a representation to the Chief Minister Grievance Cell, which was in turn forwarded to the first respondent. The first respondent, by a letter, dated 13.2.1997, stated that since he wanted to contest in the election and resigned the post on his own volition and was also relieved from the said post, there is no scope for getting pension, since the Rule do not provide for granting of pension on the ground of resignation.

(3.) IN view of the abolition of the Tribunal, the matter stood transferred to this court and was renumbered as W.P. No. 32795 of 2006. Even assuming for argument sake that the petitioner had not resigned during January, 1982, he cannot raise the contention after 15 years from the said cause of action and by sending a representation, he cannot revive the belated cause of action. IN a judgment in C.Jacob Vs. Director Of Geology & Mining & Anr. Reported IN 2008 Air Scw 7233, the Supreme Court has held as follows: