JUDGEMENT :

1. The State Government has filed this intra court appeal challenging the order dated 15.07.2016 made in WP(MD)No.8941 of 2016.

2.The petitioner/R1 herein joined Tamil Nadu Maritime Board as Junior Assistant cum Typist on 18.12.1997. He worked in that capacity till 08.04.2008 at Fort Office, Rameswaram. He thereafter joined as Village Administrative Officer on 09.04.2008 at Aranaiyur Village, Ilayangudi Taluk, Sivagangai District. He was working as VAO till 12.10.2008. Thereafter, he joined as Assistant Professor on 13.10.2008 upon being selected by Teachers Recruitment Board in Raja Doraisingam Government Arts College, Sivagangai and he is continuing to serve in the said college till date. It is relevant to note here that the petitioner joined as VAO and then Assistant Professor only after getting prior permission and through proper channel. When the petitioner was working as Junior Assistant cum Typist in Tamil Nadu Maritime Board, he was allotted with Provident Fund account bearing No.348. Contributions were deducted from his salary and he was under GPF scheme. After the petitioner joined the revenue department and then the Education Department, deductions were not made from his salary towards GPF contribution. Even though the petitioner made representations, there was no response from the department. Aggrieved by the same, the petitioner filed WP(MD)No.2151 of 2014 for directing the government to issue appropriate direction to the Principal Accountant General (Accounts and Entitlements), Chennai, in this regard so that the petitioner can continue to come under the Old Pension Scheme. This Court vide order dated 10.02.2014 directed the Principal Accountant General to dispose of the petitioner's representation dated 20.06.2011 on merits and in accordance with law. Pursuant to the said direction, the Principal Accountant General (A&E), Tamil Nadu vide communication dated 09.06.2014 informed the petitioner that his request to be brought under Old Pension Scheme cannot be acceded to. Challenging the said communication, the petitioner herein filed WP(MD)No.8941 of 2015. The learned Single Judge vide order dated 15.07.2016 disposed of the writ petition in the following terms :

“5.As rightly pointed out by the learned Counsel for the petitioner that as per the letter dated 13.04.2006, it is clearly indicated that an employee who held a post with pensionable service in the State Government and resigned that post to take another post in the State Government after 01.04.2003, be allowed in the old pension scheme subject to the condition that the employee had applied from the later appointment through proper channel. It is further stated that he shall be continued in the existing GPF also. In the case on hand, admittedly, the petitioner has applied for the post of Village Administrative Officer through proper channel in the year 2008. The said factum is not disputed by the third respondent. When the Additional Secretary to Government has already clarified on a query made by the third respondent, there is no impediment for the official respondents to bring the petitioner under the Old General Provident Fund Scheme. Therefore, the following directions are issued to the third respondent : -

“I) The third respondent is directed to communicate to the petitioner with regard to the contributions to be made by the petitioner within a period of two weeks from the date of receipt of a copy of this order.

(II) On receipt of the same, the petitioner is directed to pay the contribution to be demanded by the third respondent within a period of two weeks from the date of receipt of the communication from the third respondent and (III) The third respondent is directed t? pass respondent appropriate orders bringing the petitioner under the old General Provident Fund Scheme within a period of four weeks from the date of the contributions made by the petitioner.

With the above directions, this Writ Petition stands disposed of.”

Aggrieved by the sam