Madras High Court
S.Gurunathan vs The Principal Secretary To Government ... on 14 August, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD) No.18881 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD) No.18881 of 2024
S.Gurunathan ... Petitioner
-vs-
1 The Principal Secretary to Government of Tamil Nadu,
Department of Revenue and Disaster,
Secretariat, Chennai.
2 The Principal Accountant General (A and E),
Tamil Nadu,, Secretariat,
Chennai - 600 018.
3 The Director,
Department of Agriculture,
Secretariat,
Chennai.
4 The District Collector,
Thanjavur.
5 The Assistant Director,
Agricultural Department,
Thiruvidaimaruthur,
Thanjavur.
____________
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W.P.(MD) No.18881 of 2024
6 The Tahsildar,
Thanjavur Taluk,
Thanjavur. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
praying for issuance of a writ of mandamus, directing the respondents to take
into account the service rendered by the petitioner as Lab Assistant in Soil
Test Centre Aduthurai, Thiruvaduthurai Taluk, Thanjavur, from 02.09.1978
to 25.04.1984 for pensionary benefits and direct the respondents to refix the
pension and also grant arrears of pension to the petitioner with 12% interest
per annum.
For Petitioner : Mr.P.Ganapathi Subramanian
For Respondents 1 & 3 to 6 : Mr.S.Shaji Bino,
Spl. Govt. Pleader.
For Respondent 2 : Mrs.S.Mahalakshmi,
for Chamundi Bose.
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W.P.(MD) No.18881 of 2024
ORDER
The instant Writ Petition has been filed by a retired Village Administrative Officer, seeking a mandamus, directing the respondents to consider his service as Lab Assistant in Soil Test Centre Aduthurai, Thiruvaduthurai Taluk, Thanjavur, from 02.09.1978 to 25.04.1984 for pensionary benefits and he seeks a direction as against the respondent to refix his pension.
2. The petitioner had joined as Lab Assistant in Soil Test Centre on 02.09.1978 and resigned from the said job on 26.04.1984. On the same day, he joined the post of Village Administrative Officer and attained superannuation on 31.05.2012. His pensionary benefits were calculated by the respondent authorities, reckoning his service only from 26.04.1984. Twelve years after retirement, the petitioner sent a representation on 05.01.2024 to the authorities, seeking to include the period between 02.09.1978 and 25.04.1984 for his pensionary benefits. The present writ petition has been filed, seeking a mandamus, to consider he said representation.
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3. Learned Standing Counsel, appearing for the second respondent, pointed out that the petitioner resigned from the post of Lab Assistant, citing personal reasons, and he had not obtained any prior permission from his previous employer for taking up an employment as Village Administrative Officer. Hence, she contends that such a mandamus would not lie.
4. A perusal of Rule 23 of the Tamil Nadu Pension Rules,1978, reveals that the resignation from a service or post results in forfeiture of the entire past service. Proviso to the said Rule specifies 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.
5. In the typed set of papers, the order, relieving the petitioner from the post of Lab Assistant, has been enclosed. A perusal of the said order reveals that the petitioner has submitted resignation papers as Lab Assistant, citing personal reasons. There is no disclosure to the effect that he is going to take up appointment as Village Administrative Officer. Therefore, it is clear that there is ____________ Page 4 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD) No.18881 of 2024 no prior permission from the former employer and reasons have not been disclosed to the former employer for resigning from the said post.
6. In view of the above said reasons, the petitioner's resignation from the post of Lab Assistant entails forfeiture of his entire past service and his service as Lab Assistant during the period from 02.09.1978 to 25.04.1984 cannot be taken into consideration for pensionary benefits. As such, there is no merit in this Writ Petition, which is, accordingly, dismissed. No costs.
14.08.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
dixit
To:
1 The Principal Secretary to Government of Tamil Nadu, Department of Revenue and Disaster, Secretariat, Chennai.
____________ Page 5 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD) No.18881 of 2024 2 The Principal Accountant General (A and E), Tamil Nadu,, Secretariat, Chennai - 600 018.
3 The Director, Department of Agriculture, Secretariat, Chennai.
4 The District Collector, Thanjavur.
5 The Assistant Director, Agricultural Department, Thiruvidaimaruthur, Thanjavur.
6 The Tahsildar, Thanjavur Taluk, Thanjavur.
____________ Page 6 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD) No.18881 of 2024 R.VIJAYAKUMAR, J.
dixit W.P.(MD) No.18881 of 2024 14.08.2024 ____________ Page 7 of 7 https://www.mhc.tn.gov.in/judis