M. R. ISABELLA Vs. STATE

JUDGEMENT

(1.) This writ appeal is directed against the order of dismissal dtd. 23/8/2022 passed by the learned Judge in W.P.No.28362 of 2015.

(2.) According to the appellant, she joined in the Government Service as B.T. Assistant (Zoology) in the year 1989 and was posted at St. Ebba's Girls Hr. Sec. School, Mylapore, Chennai; she continued in service till 20/7/2007; and thus, rendered service for a period of 17 years, 2 months, and 13 days. Due to illhealth, she submitted her resignation, which was duly accepted by the department on 14/8/2007. It is further stated that all the eligible benefits including increment, were received, but pensionary benefits have remained unpaid. In this regard, she made representations to the respondents, which were not considered. Hence, the appellant filed W.P.No.29296 of 2014, which was disposed of, by the learned Judge, vide order dtd. 6/1/2015 directing the respondents to consider the representation of the appellant for grant of pension. Pursuant to the said order, the third respondent rejected the representation of the appellant by order dtd. 17/8/2015. Aggrieved by the same, the appellant filed W.P.No.28362 of 2015 to quash the said order and direct the fourth respondent to sanction pension and other retiral benefits to the appellant with interest at 18% in the light of the Division Bench decision dtd. 17/11/2008 in WP No. 13048 of 2006.

(3.) By order dtd. 23/8/2022 which is impugned herein, the learned Judge dismissed the writ petition, on the premise that the appellant did not meet the eligibility criteria as per Rule 23(1) of the Tamil Nadu Pension Rules, since she is resigned her service. The relevant portion of the said order is profitably extracted below: