1. The petitioner was originally appointed as Peon in Mellasamudhram Town Panchayat on 05.10.1961. He served upto 05.10.1963. Later, he served as Over Head Tank Watchman from 01.06.1966 to 02.04.1976 in the said Town Panchayat. He was sanctioned unearned leave from 05.12.1975 to 02.04.1976. The date of birth of the petitioner was 17.03.1940 and his date of retirement was 31.03.2000. According to the petitioner, after 02.04.1976, he was not allowed to work; no other posting order was given to him and no disciplinary action was initiated against him. He was neither terminated nor removed/dismissed from service till the date of his retirement. As per Rule 56(a) of the Tamil Nadu Fundamental Rules, he is deemed to have been retired from service on 31.03.2000 and he is entitled to get the pensionary benefits. However, when he claimed pension, the same was negatived by the first respondent, by the order dated 18.06.1999. Consequently, the second respondent passed the order dated 09.08.1999, refusing to grant pension to the petitioner.

2. The petitioner filed Original Application in O.A.No.4801 of 2000 (W.P.No.31126 of 2005) to quash the aforesaid order dated 18.06.1999 of the