D GUNASEELAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition has been filed seeking a Writ of Mandamus to direct the respondents 1 to 4 to provide the pension to the petitioner with consequential benefits from 05.12.1988 for the service of Lecturer/Reader in the sixth respondent's College. The case of the petitioner is that he has worked as a Lecturer/Reader in Computer Science in the sixth respondent College between 05.12.1988 to 27.06.2006 for nearly 18 years. Thereafter, from 28.06.2006 to 23.12.2006, the petitioner has worked as a Reader in the fifth respondent University for a period of six months. The petitioner filed this writ petition stating that the petitioner is entitled to get a pension. In Ground No. 'b' of the affidavit, the petitioner has taken a stand that the Tamil Nadu Pension Rules, 1978 will not be applicable to the petitioner as the petitioner has taken a prior permission for another appointment under the Government. The contention of the respondent is that the fifth respondent has no control over the sixth respondent College. The fifth respondent University and the sixth respondent College are independent of each other.

(2.) For the sake of convenience, Rule 23 of the Tamil Nadu Pension Rules, 1978 is extracted below:

(3.) The petitioner also admitted that the petitioner has resigned from the service on 27.06.2006. The petitioner has already approached this Court by filing a writ petition in W.P. (MD) No. 11744 of 2006 and as against the order passed therein there was a Writ Appeal in W.A. (MD) No. 240 of 2007. In that writ appeal the present petitioner has not made the respondents 1 and 2 as a party. The petitioner has produced only the order copy in the writ appeal. From the writ appeal, it is clear that he was terminated by the Gandhigram Rural University without enquiry. When the termination was set aside, the compensation of Rs. 1,00,000/- (Rupees One Lakh only) was paid and the petitioner has received the payment. From the order, it is clear that the petitioner has not contended about the service rendered under the sixth respondent to be counted for the benefits.