The Madras High Court Bench here has refused to direct Commercial Taxes Department and the Accountant General (Accounts and Entitlements) to grant monthly pension along with arrears to a Junior Assistant who had resigned from service way back in 1978.
Dismissing the writ petition filed by the former employee K.R. Krishnamoorthy, Justice S. Vaidyanathan said such a direction could not be issued since the Tamil Nadu Pension Rules, 1978 do not contemplate grant of pension to government servants who had resigned from service on their volition.
“From a reading of the rules, it is very clear that those who had resigned from service entails forfeiture of past service. In the present case, since the petitioner had resigned from service, he is not entitled to the relief sought for in this writ petition,” the judge observed.
In his affidavit, the writ petitioner had claimed to have joined the Commercial Taxes Department as a Lower Division Clerk in 1967 and to have completed probation in the cadre of Junior Assistant in 1974 before resigning the job, due to family problems, in 1978.
Thereafter, he made several representations to the government authorities seeking grant of monthly pension but his efforts did not fructify and hence he had filed the present writ petition in 2013 with a plea to order grant of pension as well as the arrears.
Opposing the plea, the Accountant General stated that pension would not be granted to employees who had resigned from the job irrespective of the number of years they had served the government. The benefit was only for those attain the age of superannuation, die in harness or retire voluntarily.
Dismissing the writ petition filed by the former employee K.R. Krishnamoorthy, Justice S. Vaidyanathan said such a direction could not be issued since the Tamil Nadu Pension Rules, 1978 do not contemplate grant of pension to government servants who had resigned from service on their volition.
“From a reading of the rules, it is very clear that those who had resigned from service entails forfeiture of past service. In the present case, since the petitioner had resigned from service, he is not entitled to the relief sought for in this writ petition,” the judge observed.
In his affidavit, the writ petitioner had claimed to have joined the Commercial Taxes Department as a Lower Division Clerk in 1967 and to have completed probation in the cadre of Junior Assistant in 1974 before resigning the job, due to family problems, in 1978.
Thereafter, he made several representations to the government authorities seeking grant of monthly pension but his efforts did not fructify and hence he had filed the present writ petition in 2013 with a plea to order grant of pension as well as the arrears.
Opposing the plea, the Accountant General stated that pension would not be granted to employees who had resigned from the job irrespective of the number of years they had served the government. The benefit was only for those attain the age of superannuation, die in harness or retire voluntarily.
No comments:
Post a Comment