(1.) The Full Bench of this Court has been called upon to clarify on the eligibility for pension under Rule 23 of the Tamil Nadu Pension Rules, 1978 (hereinafter referred to as 'Rules, 1978'), where service has been forfeited due to resignation on medical grounds in view of two conflicting Division Bench judgments rendered in D. Vijayarangan Vs Secretary, Sales Tax Appellate Tribunal and Others,(2009)3 MLJ 100. and in the case of A.I.Angel Illangovan Vs The Government of Tamil Nadu and Others,2016(3)CTC 87.
(2.) At the outset, it is pertinent to note that Rule 23 of the Rules, 1978 deals with forfeiture of service on resignation. The said rule is reproduced below:
(3.) Rule 23 primarily deals with forfeiture of service on resignation. However, the only exemption to the Rule is in the proviso to the said Rule, which states that when resignation is with proper permission to take up another temporary or permanent appointment under the Government where service qualifies, then such resignation does not entail forfeiture of service. And the second proviso deals with interruption in service in a case falling under the proviso to sub rule (1).
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