Resignation without proper permission under Tamil Nadu Pension Rules forfeits past service, and delay in claiming benefits undermines entitlement.

ORDER :

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order bearing Na.Ka.No. 1993/Aa1/2016 dated 07.10.2016 passed by the 2nd respondent and quash the same and consequently directing the respondents 1 and 2 to revise the pension of the petitioner by taking into consideration of her service of 4 years nine months and 1 day served under Social Welfare Department as trainee.

This Writ Petition is filed by the petitioner with a prayer to issue a Writ of Certiorarified Mandamus, to quash the impugned order bearing Na.Ka.No.1993/Aa1/2016 dated 07.10.2016 passed by the 2nd respondent and consequently directing the respondents 1 and 2 to revise the pension of the petitioner by taking into consideration of her service of four years nine months and one day served under Social Welfare Department as trainee.

2. Brief facts of the petitioner case are as follows :-

The petitioner stated that she was appointed as Community Nutrition Instructress under Social Welfare Department on 07.07.1981 and rendered service for about four years nine months and one day. Thereafter, she resigned the job on 31.05.1986 due to appointment in the school as Secondary Grade Teacher and join duty as Secondary Teacher on 02.06.1986 in the Middle School, Periyakulam. She rendered 26 years of service as Teacher and retired on superannuation in August 2012 as Headmistress.

3. On 17.9.2014, she had submitted a detailed representation to the respondents 1 and 2 by requesting the respondents to take into account of her service four years, nine months and one day rendered in Social Welfare Department for pensionary benefits alone and revise the pensionary benefits. Having no other option, the writ petitioner has filed the present writ petition.

4. The second respondent in their counter stated that the petitioner preferred a Writ Petition in W.P.(MD) No.5125 of 2016 praying for Writ of Mandamus and this Court pleased to dispose the said petition vide order dated 15.03.2016 with direction to pass appropriate orders on the representation given by the petitioner. Pursuant to the order, the representation of writ petitioner was considered and rejected by the second respondent vide proceeding in Na.Ka.No.1993/Aa1/2016, dated 07.10.2016. Challenging the same now the petitioner come up with the present petition mainly on the ground that there is no break in service.

5. The writ petitioner resign the post in order to take up the appointment as Secondary Grade Teacher. As per Rule 23 of the Tamil Nadu Pension Rules, 1978 read as follows:

“23. Forfeiture of service on resignation. -

(1) resignation from a service or post entails forfeiture of past service:

Provided that a resignation shall not entail forfeiture of past service, if it has been submitted to take up with proper permission, another appointment, whether temporary or permanent, under the Government, where service qualifies.

(2) Interruption in service in a case falling under the proviso to sub-rule (1) due to the two appointments being a different stations, not exceeding the joining time permissible under the rules of transfer, shall be covered by grant of leave of any kind due to the Government servant on the date of relief or by formal condonation to the extent which the period is not covered by leave due to die Government servant.”

Therefore, the respondents state that the above Rule shall not entail forfeiture of past service, it has been submitted to take up with proper permission, another appointment, whether temporary or permanent, under the Government where service qualifies.

6. The respondents further stated that in fact, the writ petitioner got resigned from the post for the purpose of joining in another post, but the said fact was not explicated in the resignation letter. The recommendation made by the District Nutrition Officer and approval proceedings of the Joint Director of Soci