Pension eligibility for non-teaching staff is contingent upon resignation before the crucial date; those resigning after are ineligible for benefits.

ORDER :

This petition is filed to Writ of Certiorarified Mandamus calling for the records relating to the order dated 09.09.2019 bearing No.AG ( A&E)/ Legal Cell/WP 21405/2009/2019-20/ passed by the 5^th respondent and to quash the same and to direct the Respondents to sanction pension in favour of the petitioner w.e.f 05.06.1981 by granting relaxation in terms of para 4 of G.O.Ms.37 dated 05.01.1983 with all consequential benefits and arrears of pay and allowances together with interest at 12% p.a and pass orders. 

2. Mr.C.Swamidoss who has initially filed the writ petition in the year 2020 passed away due to which her wife/ A.Alagurathi was impleaded in this writ petition..

3. The facts of the case is that the deceased/C.Swamidoss joined as a Head Clerk ( non-teaching staff) on 05.08.1963 at Ayyanadar Janagiammal College, Sivakasi which is an Aided College under Government of Tamil Nadu and he resigned from the service on 14.08.1978 on medical grounds. The grievance of the deceased/C.Swamidoss is that he is entitled for pension and he approached the respondents and gave representation several times, pursuant to which the 3^rd respondent on 26.03.2007 passed an order stating that he is not entitled for pensionary benefits as he had resigned from the service after the crucial date ie 01.04.1976. Aggrieved over the same the deceased/C.Swamidoss filed W.P.No.21405 of 2009 and this Court vide order dated 07.06.2018 allowed the writ petition. When this being the case, the 5^th respondent passed the present impugned order wherein the claim of the deceased/C.Swamidoss for grant of pension was rejected. Hence, this petition.

4. The learned counsel for the petitioner submitted that the Government introduced Liberalised Pension Scheme to the retired teaching staff of aided colleges. Subsequently G.O.Ms.No.2213 dated 11.10.1976 was passed extending the benefit to non-teaching staff of aided colleges, who retired from service with effect from 01.04.1916 and the crucial date was fixed on 01.04.1976. As per G.O.Ms.No.1015,01 liberalised pension scheme was extended to the incumbents who had resigned from service. Subsequently, the Government has passed G.O.MS.No.37 dated 05.01.1983 which provides that the incumbents who resigned before the crucial date 01.04.1976 were also entitled for pension with effect from 05.06.1981. The learned counsel for the petitioner further contend that as per G.O.Ms.No.1015, dated 05.06.1981 and G.O.Ms.No.37, dated 05.01.1983 the deceased/C.Swamidoss is entitled to get pensionary benefits with effect from 05.06.1981 as he resigned from service with effect from 14.08.1978.

5. The learned counsel for the petitioner also submitted that the deceased/petitioner was a non-teaching staff and he resigned from the job and it was accepted by the appointing authority, since there was no provision to pay pension at that point of time, he failed to make a claim. Subsequently, the Government introduced Liberalised Pension Scheme. Since the Liberalised Pension Scheme was not applicable to those incumbents who have resigned prior to the introduction of the said scheme, the Government passed various orders to protect the interest of the staff members. Hence, prays to allow this petition.

6. The learned standing counsel appearing for the respondents filed a counter, wherein it was stated that the extent rule provisions under the Pension Scheme for the staff of Non-Teaching Government Educational Institutions do not allow for the grant of pension to the petitioner. It was further stated in the counter affidavit that the Joint Director of Collegiate Education/the First Respondent has rejected the representation dated 08.06.2009 made by the deceased/C.Swamidoss to relax the rule provisions to grant pension to him. They have further stated that they have considered afresh the claim of the deceased/C.Swamidoss, relaxing the Rules, afresh in the light of the observations made in the order dated 07.06.2018 of this Court in W.P.No.21405 of 2009 a