A resignation submitted to enable an employee to join a higher post is a technical resignation and the employee's past service should be counted for the purpose of calculating his/her length of service for retirement.

JUDGMENT

Manish Choudhury, J. - The two writ appeals are preferred against the common judgment and order dated 25.08.2020 passed by the learned Single Judge in two writ petitions, W.P.(C) no. 78/2020 and W.P.(C) no. 92/2020, whereby the learned Single Judge finding no merit in the two writ petitions, has dismissed the same. The writ appeal, W.A. no. 94/2020 has been preferred in connection with the writ petition, W.P.(C) no. 92/2020 whereas the writ appeal, W.A. no. 95/2020 has been preferred against the writ petition, W.P.(C) no. 78/2020.

2. The writ petition, W.P.(C) no. 78/2020 was preferred challenging an order dated 26.06.2020 passed by the respondent no. 2 and the State Civil List of 2017 in respect of the writ appellant's/writ petitioner's date of entry into service and also for a direction to the State respondents to rectify her date of entry into Government service as 28.04.1994 instead of 22.08.1985. The second writ petition, W.P.(C) no. 92/2020 was preferred seeking setting aside of an order dated 30.06.2020 passed by the Chief Secretary to the Government of Nagaland whereby the writ appellant/writ petitioner was released from Government service w.e.f. 31.08.2020 on the ground that the writ appellant/writ petitioner would superannuate on that date on completion of 35 years of service and also for a direction to rectify her date of entry into Government service as 28.04.1994 instead of 22.08.1985.

3. As both the writ appeals have arisen out of a common judgment and order and the parties involved in both the writ appeals are the same, they are taken up together for adjudication.

4. The common and relevant facts, as appearing in the two writ petitions, may be stated as follows:

4.1. The writ appellant/writ petitioner was appointed as an Upper Division Assistant (UDA) in the Directorate of Social Security and Welfare, Government of Nagaland on 22.08.1985 on regular basis. When she was serving as an UDA under the Directorate of Social Security and Welfare, Government of Nagaland, she responded to an advertisement published by the Nagaland Public Service Commission (NPSC) for selection in the Nagaland Civil Service (NCS). By a calling letter dated 18.05.1993, the appellant was informed that she was provisionally allowed to appear in the written test to be held from 15.06.1993 to 18.06.1993 and on being so called, the appellant appeared in the written test. The appellant qualified in the written test and she was called to appear in an oral interview on 16.02.1994. Accordingly, the appellant appeared in the oral interview. Thereafter, the results were declared by the NPSC and the appellant got selected for the post of Extra Assistant Commissioner. On 15.03.1994, the appellant submitted a letter to the Secretary to the Government of Nagaland, Personnel and Administrative Reforms Department (P&AR Department) conveying her acceptance to join in the post of Extra Assistant Commissioner (EAC).

4.2. Subsequent to such submission of acceptance letter, the appellant submitted a resignation letter to the Director of Social Security and Welfare, Nagaland on 21.03.1994 stating that she had submitted the resignation letter in order to enable her to pursue higher studies/higher post and requested for issuance of a release order. On receipt of the said letter of resignation and for release, the Director of Social Security and Welfare, Nagaland had issued a Release Order under Memo no. SW/ESTT/PF-285/83 dated 20.04.1994 whereby the appellant who was till then serving in the said Directorate as an UDA, was released to enable her to join the post of Extra Assistant Commissioner to which post she had been appointed. Another order under Memo no. SW/ESTT/PF-285/85 dated 20.04.1994 was also issued by the Director of Social Security and Welfare, Nagaland wherein it was stated that with reference to letter of resignation dated 21.03.1994 of the appellant, the appellant stood terminated from the post of UDA with immediate effect. The copies of the afor