A resignation taken to accept a position within the same department is a technical formality, preserving the employee's previous service rights under the A.P. Revised Pension Rules.

ORDER :

1. This writ petition is filed seeking to declare the proceedings No.DC-WGL/AWE, Dis No.3599, dated 07.05.2016 issued by the Respondent as arbitrary, illegal and violative of Articles 14 and 21 and against the principles of natural justice and of the Constitution of India.

2. The brief facts of the case are that the petitioner joined service in the Unit of District Legal Services Authority, Warangal as Clerk-cum-Typist, vide order DC-WGL/DLSA-BC/Dis.No.575, dated 01.07.2000. While, working as Clerk-cum-Typist, a notification was issued by the learned Principal District Judge calling for application for the post of Personal Assistant in the unit of learned Principal District Judge, Warangal. Pursuant to the said notification, the petitioner sent his application through proper channel to the Principal District Judge, Warangal and he was selected for the post of Personal Assistant. Thereafter he submitted his resignation as per the Rule 26 of A.P. Revised Pension Rules, 1980 and the said resignation is only a technical formality.

3. Consequent upon joining the post of Personal Assistant in the Unit of learned Principal District Judge, the petitioner was posted to the learned Senior Civil Judge’s Court at Mahabubnagar and entries were made in his Service Register about his previous service and pay protection was extended, recognizing his previous service of 10 years rendered under District Legal Service Authority. While thing stood, petitioner was served the impugned order No.DC-WGL/AW-E, Dis No.3599, dated 07.05.2016 by the respondent withdrawing pay protection and the services rendered, and directed the Disbursing Officer-cum-Addl. Junior Civil Judge, Parkal to open a fresh Service Register of the petitioner and to discontinue GPF and other subscriptions. Aggrieved by the said impugned order, the instant writ petition has been filed.

4. Sri M. Srikanth, learned counsel for the petitioner contended that the appointing Authority for both the posts is the Principal District Judge, Warangal. When the application was made through the proper channel followed by a technical resignation, the entire service counts by applying the principle of mobility of employment permitted under Rule 26 of A.P. Revised Pension Rules, 1980 and he further contended that the petitioner’s resignation to join another post of the same department is to be construed as a technical formality and the past service rendered by him cannot be forfeited, and as such, the action of the respondent is impermissible under Rule 26 of A.P. Revised Pension Rules, 1980.

5. Learned counsel for the petitioner further contended that the respondent has neither given a fair opportunity of hearing nor issued a show cause notice before passing the said impugned order and the alleged impugned order takes away the petitioner’s 10 years of service and withdraws the pay protection, which is not permissible in law and also in violation of principles of natural justice, hence he prayed this Bench to set-aside the impugned order No.DC-WGL/AW-E, Dis No.3599, dated 07.05.2016 issued by the respondent and allow the writ petition.

6. Sri Bathula Raj Kiran, learned Standing Counsel appearing for the respondent has filed counter affidavit and contended that the petitioner tendered his resignation from his earlier post i.e., Clerk-cum-Typist from the Unit of District Legal Services Authori