E. JEBAMANI Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THIS Writ Appeal is filed against the order dated 20.4.2011 made in W.P. No.27044 of 2010, wherein, the appellant has challenged the order issued in G.O.(2D) No. 126, Home (Police VI) Department dated 09.03.2009 and for direction to the respondents to sanction pension and other retirement benefits admissible to the petitioner in accordance with the Rules, if necessary, by granting relaxation for the services rendered by the appellant in the State Service from 10.01.1975 to 20.06.1991 with arrears of pension and other benefits.

(2.) THE case of the appellant before the learned single Judge was that the appellant was recruited as Grade -II Police Constable and joined in service on 10.01.1975 in Tirunelveli District. He was promoted as Grade -I Police Constable on 05.01.1983 and while continuing in the said service, in the year 1990, he had applied for the post of Assistant Security Officer in the Directorate of Estate Management, Department of Atomic Energy, Mumbai, through proper channel. The appellant was selected for the said post and for enabling the appellant to join in the said post in Atomic Energy, he sought permission to resign which was accepted and he was relieved from duty on 20.06.1991. Thereafter, he took up the assignment as Assistant Security Officer in the Department of Atomic Energy on 01.07.1991. When he was working as Assistant Security Officer in the Department of Atomic Energy, he was issued with a show cause notice dated 24.05.1993 asking to show cause as to why his services should not be terminated on the ground that he had suppressed certain information while applying for the post. The appellant gave a reply, however, his services were terminated with effect from 11.11.1993 by invoking Rule 5 of the CCS (Temporary Services) Rules. The said order of termination was challenged by the appellant before the Central Administrative Tribunal, Mumbai, vide O.A. No.919 of 1995. The Central Administrative Tribunal, by order, dated 13.08.1999, dismissed the said application and granted liberty to the appellant to approach the Government of Tamil Nadu restore him in Police department. The appellant accepted the said order and approached the State Government by making a representation and the said representation was kept pending. Hence, the appellant filed writ petition in W.P. No.21236 of 2003 which was dismissed granting liberty to move the authority/ respondent for the grant of pension. The appellant reached the actual age of superannuation on 31.07.2008. Since no action was taken, based on the representation seeking pension, again he filed W.P. No.8594 of 2008 and the said writ petition was disposed of by an order dated 09.04.2008 permitting him to send a fresh representation and on receipt of such fresh representation, the same was directed to be considered. Accordingly, the appellant sent a fresh representation on 15.05.2008. The State Government rejected the said request by G.O.(2D) No. 126 Home (Pol.VI) Department dated 09.03.2009 by referring Rule 23 of the Tamil Nadu Pension Rules stating that the appellant can get pension from the Central Government by taking his earlier service treating the resignation as a technical resignation. The appellant having resigned his earlier post in the State, his entire services were forfeited by virtue of Rule 23(1) of the Tamil Nadu Pension Rules. Therefore, his request to grant pension by treating it as a retirement on 31.07.2008 under FR 56, does not arise. The said order was challenged and the same was dismissed by the learned single Judge. Hence, this appeal is filed.

(3.) LEARNED counsel for the appellant also relied on the judgment of the Division Bench rendered in : (2009) 3 MLJ 1005 (D. Vijayarangan v. Secretary Sales Tax Appellate Tribunal (Addl.Bench) & Others) wherein similar circumstances, the Division Bench considered the scope of the proviso to Rule 23(1) and gave a direction to the petitioner therein to pay pension and gratuity and other benefits within three months, taking into consideration of 16 years and 5 months and 10 days of service rendered by him, i.e., from 10.01.1975 to 20.06.1991.