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S. M. SUBRAMANIAM
S. S. S. Prahalathan – Appellant
Versus
Secretary Rural Development & Panchayat Raj Department Government of Tamil Nadu Secretariat, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus to call for the records on the file of the 5th respondent vide proceedings Na.Ka.No.26152/2014/EE-2, dated 12.07.2016 and consequent proceedings of the 7th respondent vide Na.Ka.No. 019/2019/RD6, dated 10.05.2019 and quash the same as illegal as devoid of merits and consequently direct the respondents to compute the past service rendered by the petitioner in the 6th respondent / TWAD Board for pensionary and other monetary benefits and allow the petitioner to continue in the Old Pension Scheme (CPS) and issue general provident fund number.)
The order of rejection, dated 12.07.2016, passed by the fifth respondent and the consequential order dated 10.05.2019, passed by the seventh respondent, rejecting the claim of the petitioner for reckoning the period of services rendered by him as Junior Drafting Officer in Tamil Nadu Water Supply and Drainage Board (for brevity “TWAD Board”) are under challenge in this writ petition.
2. The petitioner is working as Assistant Executive Engineer in Rural Development and Panchayat Raj Department. He joined in the Departm
Resignation with proper permission for another government appointment does not entail forfeiture of past service, as per Rule 23(1) of the Tamil Nadu Pension Rules, 1978.
Resignation without proper permission under Tamil Nadu Pension Rules forfeits past service, and delay in claiming benefits undermines entitlement.
Resignation from a service does not entail forfeiture of past service if it has been submitted to take up another appointment with proper permission under the government where service qualifies.
The main legal point established in the judgment is the entitlement to count service rendered as Part Time Panchayat Assistant for grant of pension, as governed by G.O.Ms.No.99, G.O.Ms.No.77, and Rul....
The main legal point established in the judgment is the need to follow the Pension Rules scrupulously for counting 50% of the services rendered by employees and the application of Article 14 only if ....
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