A. KRISHNAN Vs. SECRETARY TO GOVERNMENT, PWD DEPARTMENT, GOVERNMENT OF TAMILNADU, FORT ST. GEORGE & OTHERS

JUDGEMENT

(1.) THIS Writ Appeal is directed against the Order of the learned Single Judge dated 25.3.2013 made in W.P.(MD) No.36 of 2009, wherein the Appellant has challenged an Order rejecting the claim for sanction of pension on the ground that the Appellant resigned from the post.

(2.) THE case of the Appellant before the learned Single Judge was that he joined the service of Respondent TWAD Board as Work Inspector Class -IV, on 1.9.1958 and served for about 17 years. In the year 1975, due to personal reasons, he could not concentrate in the work, and therefore, he submitted his Resignation Letter on 10.10.1975 to the Assistant Engineer, TWAD Board, Kovilpatti and the same was accepted on 16.10.1975. The Appellant, having served for about 17 years, sent a representation to the Second Respondent through the Third Respondent on 20.5.1998 for sanction of pensionary benefits. The Second Respondent gave a reply on 16.6.1998 stating that pensionary benefits can be sanctioned only to the employees, who retired on superannuation or retired from service on Medical grounds or on Voluntary Retirement and not for the employees, who resigned from their posts. Thereafter, the Appellant submitted a representation to Respondents 1 to 3 seeking sanction of pension on 29.3.2008.

(3.) AS the Appellant failed to get any reply, he filed W.P.(MD) No.6022 of 2008 seeking a Writ of Mandamus directing the Second Respondent to grant all the pensionary benefits and arrears of Pension with effect from 11.10.1975. The learned Single Judge, by Order dated 8.7.2008, deposed of the said Writ Petition with a direction to the Second Respondent to consider the representation of the Appellant dated 29.3.2008 and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of the Order, after affording personal hearing to the Appellant. Pursuant to the said Order dated 8.7.2008; the Second Respondent passed an Order 26.9.2008, rejecting the claim of the Appellant. Aggrieved over the said Order dated 26.9.2008, the Appellant filed W.P.(MD) No.36 of 2009. Relying on the Judgment of a Division Bench of this Court in the case of D. Padmini v. Registrar General, High Court, 2008 (3) MLJ 241, the said Writ Petition was dismissed by the learned Single Judge on 25.3.2013 on the ground that the Appellant, having resigned from the post, is not entitled to get Pension, as the resignation forfeits the past service. Challenging the said Order, the Appellant is now before this Court.