Resignation from service leads to forfeiture of past service, irrespective of medical grounds as per Rule 23 of the Tamil Nadu Pension Rules, 1978.

COMMON ORDER

W.P. No.26986 of 2011:

The petitioner challenges the communication dated 31.01.2011 issued by the first respondent, whereby the petitioner’s claim for grant of pension and pensionary benefits was rejected on the ground that resignation from service or post entails forfeiture of past service.

This writ petition is filed challenging the order dated 22.06.2015 passed by the third respondent, by which the petitioner’s application seeking pension and other pensionary benefits was rejected on the ground that resignation entails forfeiture of past service and that there is no provision for converting resignation into voluntary retirement.

2. In these writ petitions, this Court referred the issue for clarification regarding eligibility for pension under Rule 23 of the Tamil Nadu Pension Rules, 1978, in cases where service stood forfeited due to resignation on medical grounds, particularly in view of two conflicting Division Bench judgments rendered in D. Vijayarangan v. Secretary, Sales Tax Appellate Tribunal and A.I. Angel Ilangovan Vs. Government of Tamil Nadu.

3. The Full Bench of this Court, by order dated 03.02.2026 in W.P.

No.39583 of 2015, with reference to Rule 23 of the Tamil Nadu Pension Rules, 1978, held that resignation from service entails forfeiture of past service. It was further held that resignation, even if tendered on medical or health grounds, results in forfeiture of past service, and the grounds on which resignation is submitted are immaterial. The Full Bench also noted the valid distinction between “resignation” and “voluntary retirement,” as recognised by the Three-Judge Bench of the Hon’ble Supreme Court in Senior Divisional Manager, LIC v. Shree Lal Meena.

4. In light of the authoritative pronouncement of the Full Bench, the claim of the petitioners, who resigned from service, for grant of pension and pensionary benefits is untenable. Accordingly, the writ petitions are disposed of, granting liberty to the petitioners to challenge the validity of Rule 23 of the Tamil Nadu Pension Rules, 1978, and also to submit a representation before the appropriate authority seeking relaxation of the said Rule. No costs.

24.02.2026 Index : Yes/No Internet : Yes msv To

1. The Secretary, School Education Department, Fort St George, Chennai - 600 009

2. Directorate of Elementary School Education, Rep by its Director, DPI Complex, College Road, Chennai - 600 006

3. The District Elementary Educational Officer, District Primary Education Office, Cuddalore-1

4. The Secretary Padi Aided Middle School, Veeramudayanatham Village & Post, Chidambaram Taluk, Cuddalore District

5. The Registrar, Tamil Nadu Agricultural University, Coimbatore-641003.

6. The Comptroller, Tamil Nadu Agricultural University, Coimbatore-641003.

7. The Accountant General (accounts & Entitlement), No.361, Anna Salai, Chennai-18.

HEMANT CHANDANGOUDAR, J.