V RAVI PRABHA Vs. STATE

JUDGEMENT

(1.) The writ petitioner is stated to have in Government service from 7/1/1958 to 10/12/1965 with certain breaks, in the Office of the Horticulture and Assistant Oil Seeds Development Officer, Warangal. Thereafter, in 1965, she was transferred to the District Agricultural Office, Warangal and as the atmosphere therein was not congenial to the lady employees, she did not join the duty and made several representations seeking cancellation of transfer orders, but no steps have been taken thereon. Then, though she submitted her resignation, no orders either accepting or rejecting the same, were passed. Subsequently, when she sought sanction of pension for the service rendered by her, the Commissioner of Agriculture informed on 17.4.1995 that her request to grant pension was refused on the ground that her services were utilized under emergency provisions and that she was not recruited by either the A.P. Public Service Commission or the D.S.C. and accordingly, issued the impugned Memo No.9226/Agrl.iV(2) 98-3 (Agri & Coop) Department, dated 23/9/1998. Therefore, the petitioner filed OA No.5440 of 1999 before the A.P. Administrative Tribunal, Hyderabad. The Tribunal, through its order dated 10/9/2003, dismissed the said O.A., holding that the applicant therein has not put in the required length of service, rendering her eligible to be granted the service pension. Aggrieved thereby, the writ petitioner filed this writ petition.

(2.) On behalf of the respondents, a counter-affidavit has been filed contending that the applicant has rendered a total service of 7 years 6 days, whereas ten years minimum service is required to grant service pension as per Schedule-l of the A.P. Liberalized Pension Rules, 1961. It is further stated that under F.R. (73) note, a provision is made available that a temporary Government Servant working under emergency provisions who remains absent from duty after applying for leave or extension of leave to which she/he is not entitled to, under the Rules, shall be deemed to have been discharged from service with effect from the date from which he/she is not entitled to any leave unless the leave applied for is granted by the Government in relaxation of relevant rules.

(3.) Learned Counsel for the petitioner contends that the conditions where the petitioner was posted were not congenial and, therefore, she requested for transfer and later, as the same was not considered, she submitted her resignation, but no orders either accepting or refusing the same were passed.