E P JAYARAMAN Vs. COMMISSIONER, PANCHAYAT UNION, SHOLINGUR

JUDGEMENT

(1.) This writ petition has been filed challenging the order dated 02.05.2016 made in Pen 16/1/pt.5907 passed by the sixth respondent and seeking a direction to him to sanction the pension in terms of G.O. Ms. No.37 (School Education) dated 05.01.1983.

(2.) The case of the petitioner is that he joined as a Secondary Grade Head Master on 29.04.1963 in the Nehruji Aided School in Edapalayam, Ammoor Post, Walajah Taluk, Vellore District. Due to family circumstances, he was forced to resign from the said post during September 1974 after serving 11= years of service. While so, the Secretary to Government, School Education Department, the seventh respondent herein has issued a Government Order in G.O. Ms. No.1015 dated 05.06.1981 giving benefit of pension to those persons who resigned service from 01.04.1965 onwards. Thereafter, the said seventh respondent has issued another G.O. Ms. No.37 dated 05.01.1983 clarifying that the persons who have resigned prior to 1981 are not entitled to get any arrears of pension from the date of their resignation till 05.06.1981, but they are eligible for pension from 05.06.1981 and no arrears be allowed for the said period. The petitioner, after coming to know the fact that a similarly placed person as that of him, resigned from service in the year 1972, has applied for the pensionary benefits made under the said G.O. Ms. No.37 dated 05.01.1983. The said request was rejected by the concerned authority observing that the pension scheme was not applicable to those employees who forfeited their service, but applies only to those who completed the service and retired.

(3.) According to the petitioner, the said employee filed a Writ Petition in W.P. No.14732 of 2013 challenging the said order. However, the Madurai Bench of Madras High Court has directed the respondent therein to sanction the pension in accordance with the said G.O. Ms. No.37 dated 05.01.1983. Therefore, the petitioner applied for the pension before the sixth respondent herein claiming the benefit of the said G.O. on the basis of his representation dated 30.11.2015. Finding no response, he is before this Court.