An employee who voluntarily leaves a service and seeks reappointment is not entitled to the benefits of past service, including seniority, as per Rule 9(a) of the General Rules of the Tamil Nadu State and Subordinate Service Rules.

1. The Petitioner challenges the proceedings of the Tamil Nadu Public Service Commission dated 14 September 2007 and 30 November 2007 whereby and whereunder the Application submitted by him for reappointment was agreed to subject to the condition that he has to forego his seniority and will be treated as junior most person in the service of the Commission Background facts:

2. The Petitioner was selected by the Tamil Nadu Public Service Commission, (hereinafter referred to as TNPSC) for appointment to the post of Grade IV services. Accordingly, he was appointment as Junior Assistant cum Typist and was allotted to the office of the Commissioner of Agriculture, Chennai. He joined the said service on 10th August 2001. The Petitioner was also an Applicant for the Combined Subordinate Services Examination and he passed the said examination. Subsequently, the Second Respondent issued an order of appointment as per proceedings dated 27 August 2001, appointing him as Assistant in the Office of the Tamil Nadu Public Service Commission. Accordingly, the Petitioner was relieved from the post of Junior Assistant cum Typist by the Commissioner of Agriculture and he joined the Tamil Nadu Public Service Commission as Assistant on 14th September 2001.

3. Subsequently, the Petitioner found that the atmosphere in the office of the Tamil Nadu Public Service Commission was not conducive for his continuance there are accordingly, he expressed his willingness to go back to his parent Department viz; the Agriculture Department. His request was considered favourably and he was permitted to go back to his earlier assignment in the Agriculture Department and accordingly he was relieved. The Petitioner rejoined the service of the Agriculture Department on 1st August 2002.

4. While the Petitioner was working in the Agriculture Department, he submitted series of applications before the Second Respondent on 30.6.2003; 28.02.2005 for reappointment in the office of the TNPSC. The Second Respondent on their pat obtained certain clarifications from the First Respondent with respect to interpretation of Rule 9 of the Tamil Nadu State and Subordinate Service Rules. The First Respondent clarified that rule 9 does not exclude applicability of absence from Service on one’s own request. Since there was constrained to file Writ Petition in W.P. No.6665/2007. The said Writ Petition was disposed of as per order dated 19 June 2007 directing the Second Respondent to consider the application on merits. Accordingly, the matter was considered by the Second Respondent and as per proceedings dated 14th September 2007, they have informed the Agriculture Department that the application of the Petitioner would be considered only in case he agrees for foregoing the seniority and be the junior most employee in the category of Assistant. Subsequently, as per communication dated 30.11.2007, the Second Respondent called upon the Petitioner to express his specific willingness as to whether he was willing to forego his seniority and agreeable to be the junior most person in the category of Assistant in Tamil Nadu Public Service Commission. Those two proceedings are impugned in this Writ Petition.

5. The Second Respondenet has filed counter wherein it was indicated that the case of the Petitioner was one of reappointment falling under the scope of Rule 9(a) of the General Rules of the Tamil Nadu State and Subordinate Service Rules. The Petitioner on his own wish went back to his parent Department and once gain expressed his willingness to return to the office of the Tamil Nadu Public Service Commission for reasons best known to him, Rule 9(a) of the General Rules of the Tamil Nadu and Subordinate Service under which the case has to be dealt with does not provide for retention of the original seniority in the case of reappointment. It was only in the said circumstances, the Petitioner was asked to forego his seniority in case he wants to get reappointment as Assistant. Theref