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2019 Supreme(Mad) 1101
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. MANIKUMAR, SUBRAMONIUM PRASAD, JJ.
The State of Tamil Nadu, Rep. by the Secretary to the Government, Education Department, Secretariat, Chennai & Another – Appellants
Versus
C. Kumar & Another – Respondents
W.A. No. 2590 of 2018 & CMP No. 21076 of 2018
Decided On : 27-06-2019
For the Appellant :P.H. Arvindh Pandian, Additional Advocate General assisted by C. Munusamy, Advocate.
For the Respondent:S.N. Ravichandran, Advocate.
Pension can only be sanctioned to individuals who resigned before the crucial dates mentioned in the government orders, and not to those who resigned after the crucial dates.
Headnote:
Pension Scheme - Resignation - G.O.Ms.No.1015, Education Department, G.O.Ms.No.37, Education Science and Technology Department - The court held that pension can only be sanctioned to individuals who resigned before the crucial dates mentioned in the government orders, and not to those who resigned after the crucial dates. The court also emphasized that individuals who resigned after the crucial dates are not entitled to any benefits as stipulated in the government orders.
Fact of the Case:
The writ petitioner, a Workshop Instructor, resigned from his post on 07.07.1984 after applying for voluntary retirement, seeking pensionary benefits. His request was rejected by the authorities, leading to the filing of the writ petition W.P.No.3869 of 2005.
Finding of the Court:
The court found that the petitioner, having resigned after the crucial date, was not entitled to pensionary benefits as per the government orders G.O.Ms.No.1015 and G.O.Ms.No.37. The court also noted that the petitioner's resignation could not be treated as voluntary retirement without proper pleading.
Issues: The main issue was whether the petitioner, who resigned after the crucial date, was entitled to pensionary benefits as per the government orders.
Ratio Decidendi: The court's decision was based on the interpretation of the government orders G.O.Ms.No.1015 and G.O.Ms.No.37, which clearly stipulated that pension could only be sanctioned to individuals who resigned before the crucial dates mentioned in the orders.
Final Decision: The writ appeal was allowed, and the court held that the petitioner, having resigned after the crucial date, was not entitled to any benefits as stipulated in the government orders. The connected civil miscellaneous petition was closed.
Subramonium Prasad, J.
(Prayer: Writ Appeal is filed under Clause 15 of the Letters Patent, against the order made in W.P.No.3869 of 2005, dated 20.04.2017.)
1. Challenging the order dated 20.04.2017 passed in W.P.No.3869 of 2005, by which the writ petition of the first respondent herein, has been allowed, State of Tamil Nadu, represented by the Secretary to the Government, Education Department, has filed the instant writ appeal.
2. The facts in brief, are as under:-
Mr.C.Kumar, the writ petitioner/first respondent herein, joined as a Workshop Instructor in Annamalai Polytechnic, Chettinad/third respondent herein. While he was working as a Lecturer in Electrical Engineering Department, he got a better offer in Lakshmi Ammal Polytechnic, for the post of Principal. The writ petitioner/first respondent, therefore applied for voluntary retirement before the third respondent herein, which was not granted. The writ petitioner therefore resigned from his post on 07.07.1984. The writ petitioner has completed more than 19 years of service.
3. The Government have passed G.O.Ms.No.1015, Education Department, dated 05.06.1981, regarding grant of pension to the staff of Teaching and Non Teaching staff of aided technical institution, G.O.Ms.No.1015, Education Department, read as under:-
“Copy of G.O.Ms.No.1015, Education, dated 5th June 1981.
Subject: Pension for staff of non - Government Educational Institutions - (i) Non - teaching staff of Aided Schools and Colleges, (ii) Teaching and Non - teaching staff of Aided Technical Educational Institutions; & (iii) Staff of Regional Engineering College, Tirchirappalli - Those who retired before the respective Crucial dates - Pension sanctioned from date of order.
ORDER:
The crucial dates from which the Pension Scheme for staff of non-Government Educational Institution was introduced for various categories of staff in non-Government Educational institutions are as follows:-
Education G.O.(Ms) No. and date
I(a) Teaching staff of aided and Local body schools (“Aided” for purposes of retirement benefits always includes recognized “un-aided” schools also, including Anglo Indian Schools).
1.4.1955
1109/31.5.1958
(b) Teaching staff of Non-Government schools in the Transferred area.
1.1.1962
853/16.4.1962
II Non-Teaching staff of aided schools
1.4.1972
627/11.5.1972
III.(a)Aided colleges - Teaching staff
1.4.1962
1671/15.7.1963
(b) Aided colleges – Non Teaching staff
1.4.1976
2213/11.10.1976
IV(a) Aided Technical Educational Institutions - Teaching staff
1.1.1975
650/23.4.1975
(b) Aided Technical Educational Institutions – Non Teaching Staff
1.4.1977
74/12.1.1978
V Regional Engineering college, Trichirappalli (all Staff).
1.1.1975
1777/31.8.1977
2. So far as teaching staff of non - Government schools and Aided Colleges are concerned - items i(a) and (b) ; and (iii) (a) under paragraph 1 above - teachers who retired before the respective crucial dates have been given pension with effect from 1st March 1968 (as per G.O.Ms.No.1505, Education, dated 24th September 1968), while the teachers who retired from the schools in the Transferred area before 1st November 1956 are getting pension only with effect from 1st May 1977 with reference to G.O.Ms.No.1394, Education, dated 17th June 1977.
3. So far as (i) non - teaching staff of Aided schools and colleges; (ii) Teaching and non-teaching staff of Aided Technical Education Institution; and (iii) staff (teaching and non - teaching) of Regional Engineering College, Tiruchirappalli are concerned - items (ii), (iii) (b), (iv) (a) and (b) (v) under paragraph 1 above - Family Pension benefits in respect of cases of Family Pension cases which occurre
