PRAYER

Writ Petition filed under Article 226 Constitution of India, seeking to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order of the 3rd Respondent, dated 13.06.2018 in Na.Ka.No.29609/C3/E2/2016, and of the 2nd Respondent dated 08.01.2019 in Na.Ka.No.296091/R1/E3/2016, and the consequential order of the 4th Respondent, dated 19.06.2019 in Na.Ka.No.4822/E1/2018, and quash the same and consequently direct the Respondents to forthwith pay the Pensionary benefits to the Petitioner.

For Petitioner: Mr.K.Selvaraj

For Respondents: Ms.P.Raja Rajeswari, Government Advocate

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the records.

2. The case of the petitioner in brief is that he was appointed as Graduate Teacher on 04.10.1968, in Government High School, Theerthamalai, and was put on probation; that his probation was declared subsequently on 06.10.1970; and that thereafter he was posted in various schools and was finally transferred to Government High School, Kalipettai.

3. It is the further case of the petitioner that he had met with an accident and suffered severe head injuries and could not continue his work and thus submitted his resignation on 30.11.1983 through Head Master of the School to the 4th respondent;

4. The petitioner further contends that as no orders have been passed by the respondents accepting his resignation, he had made several representations to the respondents to settle his pensionary benefits; and that the respondents did not pass any orders; hence, he has approached this Court by filing a Writ Petition in W.P.No.10751 of 2016 praying for a direction to the respondents to settle all his service benefits for the period from 04.10.1968 to 30.11.1983; that this Court by order dated 22.03.2016 had dismissed the writ petition on the sole ground of delay; that aggrieved by the aforesaid order of dismissal, the petitioner had filed W.A.No.660 of 2016; that the Division Bench of this Court by order dated 26.05.2016 while noting that the petitioner having voluntarily opted to retire from service on 30.11.1983 and the respondents having not come forward to pay the service benefits to him, directed the respondents to consider the representation of the petitioner, dated 17.02.2016, and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of that order.

5. It is the further case of the petitioner that pursuant to the order of this Court dated 26.05.2016, the 4th respondent by proceedings dated 14.12.2016, directed the petitioner to produce several Certificates and documents; and that the petitioner had produced the Police Certificate dated 05.12.2017, the Certificate of Tahsildar, dated 07.12.2017, Income Certificate dated 08.12.2017 and the recommendation of the Headmaster of the Government High School, dated 09.07.2018 recommending to the respondents to pay pensionary benefits to the petitioner for the period from 07.10.1968 to 30.11.1983 by relaxing Rule23 (1) of the Tamil Nadu Pension Rules, 1978. (for short Pension Rules, 1978).

6. The petitioner further contends that the respondents by proceedings dated 13.06.2008, had accepted his resignation on the ground of deemed resignation under Rule 41-A(C) of the The Tamil Nadu State and Subordinate Service Rules (in short ‘TNSSS Rules’) and directed the Chief Education Officer to give the particulars of any audit objection or any amount due from the petitioner in order to process the application of the petitioner; that the respondents having not passed any orders accepting the resignation submitted by the petitioner dated 30.11.1983 till he had obtained orders from this Court in W.A.No.660 of 2016, dated 26.05.2016, the claim of the respondents of deemed acceptance of resignation under Rule 41-A(C) of TNSSS Rules, is wholly misplaced as the said Rule was inserted by amendment dated 17.06.1998 and w