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2016 Supreme(Mad) 733

S.MANIKUMAR, C.T.SELVAM
A. I. Agnel Ilangovan – Appellant
Versus
Government of Tamil Nadu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.N.Dilip Kumar
For the Respondents: Mr.V.R.Shanmuganathan Special Government Pleader

JUDGMENT :

S.MANIKUMAR, J.


Challenge in this appeal, is to an order, made in W.P(MD)No.9688 of 2015, dated 22.06.2015, by which, the Writ Court has declined to issue a Writ of Certiorarified Mandamus, to quash the proceedings in Na.Ka.No.36267/O.Na. 3/2014-1, dated 07.05.2015, of the Director of Local Fund Audit Department, Chennai, 2nd respondent herein. The Writ Court has declined to grant any direction to the respondents, to sanction pensionary benefits to the appellant, in the post of Assistant Inspector and Deputy Inspector, in Local Fund Audit Department, for the period from 05.10.2001 to 21.01.2013, along with arrears of pension and other terminal benefits.

2. Facts leading to the writ appeal, are that the appellant resigned from service on 21.01.2013 due to family circumstances. It was accepted by the Director of Local Fund Audit Department, Chennai, 2nd respondent, vide order dated 03.04.2013. After resignation, the appellant has sought for terminal benefits and pension, by invoking Section 23(1) of the Tamil Nadu Pension Rules, which reads as follows:-

''23.Forfeiture of service on resignation – (1) Resignation from a service or post entails forfeiture of past service;

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