N SADANANDAN Vs. LIEUTENANT GOVERNOR AND OTHERS

JUDGEMENT

(1.) The writ petitioner was appointed in Andaman Public Works Department (APWD) as Draftsman Grade-III in the year 1970. He got his name registered in the Employment Exchange for better opportunities with due permission of his employer while employed by APWD. His name was sponsored by Employment Exchange, Port Blair for the post of Draftsman. He attended the interview and was selected for the said post. The Municipal Board sent his selection letter through his the then Principal Engineer, APWD. He was asked to join in the Municipal Board. He tendered his resignation in APWD and joined his new assignment at Municipal Board with the knowledge of his previous employer. He has been superannuated 2 and during his employment, he got only one promotion as Assistant Engineer. There is a settled law that an employee should get 3 promotions during his service career and if not, he has to be given benefit of ACP scheme. He was not given any benefit of ACP scheme.

(2.) The service rules like FR&SR applicable to the administration's employees is also applicable to the employee of Municipal Board. As per Service Rule the service render in any other department is liable to be counted for the purpose of pension but in the instant case the petitioner's past service from April 1970 to June 1978 has not been counted. He moved a writ petition being WP No. 271 of 2008 with a prayer for counting his service for the aforesaid period and for extension of benefit of ACP and release of pensionery benefits with bank interest. On 01.04.2009 his prayer for release of pensionery benefit with bank interest was only allowed. He filed MAT No. 36 of 2009 challenging the order dated 01.04.2009. It was allowed on 19.06.2009 setting aside the order passed by the writ court directing the Municipal Council to take decision after hearing the applicant. The Administrative Officer of the Municipal Council vide Order No. 652 dated 08.02.2010 has refused to pass the order for counting the passed service. So this writ application.

(3.) Ms. Shyamali Ganguly, learned counsel appearing for the petitioner has invited my attention to the various annexure of the writ petition and has contended that the writ petitioner received his selection letter for the post of Draftsman Grade-I under Municipal Board, Port Blair through the Principal Engineer, APWD. The petitioner wrote a letter to Secretary, Municipal Board on 12.04.1978, through proper channel stating therein that he will be joining his duty in the new assignment immediately after getting relieved from his present post. He gave a copy to that letter to the 3 Principal Engineer, APWD wherein he has stated that APWD had issued a no objection certificate in connection of his registration in the Employment Exchange, Port Blair so that he might have proper prospects and opportunities. She has further contended that the Principal Engineer, APWD forwarded the letter dated 11.04.1978 written by the writ petitioner to Secretary, Municipal Board, Port Blair. The subject matter of the said letter was "acceptance for the post of Draftsman Grade-I in the pay scale of Rs. 425-700". She has also contended that the writ petitioner has tendered resignation to his post of Draftsman, Grade-III in APWD before the Principal Engineer, APWD and an order of the same was forwarded to Municipal Board, Port Blair for information through proper channel. The principal Engineer, APWD accepted the resignation tendered by the writ petitioner and as such she has contended that the APWD was well aware about the selection of writ petitioner to the post of Draftsman Grade- I in the Municipal Board, Port Blair.