Madras High Court
M.Balasubramanian vs The Additional Chief Secretary To ... on 29 June, 2021
W.A.(MD)No.192 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.192 of 2021
M.Balasubramanian : Appellant
Vs.
1.The Additional Chief Secretary to Govt.,
Micro, Small and Medium Enterprises
(EII-I) Department,
Secretariat,
Fort St.George,
Chennai – 600 009.
2.The Secretary to Government,
Industries and Commerce Department,
Secretariat,
Fort St. George,
Chennai – 600 009.
3.The Industries Commissioner and
Director of Industries and Commerce,
Chepauk,
Chennai – 600 005.
https://www.mhc.tn.gov.in/judis/
1/7
W.A.(MD)No.192 of 2021
4.The General Manager,
District Industries Centre,
High Ground,
Palaymkottai,
Tirunelveli – 11. : Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, against
the order dated 16.08.2018 made in W.P.(MD)No.4116 of 2011, on the file
of this Hon'ble Court and allow this Writ Appeal.
For Appellant : Mr.K.Gurunathan
For Respondents : Mr.R.Baskaran
Standing Counsel for Government
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
By consent of both parties, the appeal itself is taken up for final
disposal.
2.Heard Mr.K.Gurunathan, learned Counsel appearing for the
appellant and Mr.R.Baskaran, learned Standing Counsel for Government
appearing for the respondents.
3.This appeal by the writ petitioner is directed against the order
dated 16.08.2018 made in W.P.(MD)No.4116 of 2011.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.192 of 2021
4.The appellant filed the writ petition to quash the order passed
by the first respondent dated 19.11.2009 and for a direction to pay all
service benefits to the appellant with all backwages arrears of salary with
interest in the light of G.O.[3D]No.3, Small Industries (E.II 1)
Department, dated 17.03.2005. The writ petition was dismissed noting
the undisputed fact that the appellant has resigned from service. The
Court has also noted that though the issue regarding the regularisation
was pending before the Tamil Nadu Administrative Tribunal in T.A.No.514
of 1989 and though direction was issued to the Government to regularise
the services of the appellant and others, the appellant had resigned from
service on 29.06.2016, much prior to the order of the Tribunal and much
prior to the order of the Government in G.O.No.3 dated 17.03.2005,
regularising the services. Further more, in the said Government order, it
has been specifically noted that the appellant has resigned from service.
In such circumstances, the learned Single Bench was right in concluding
that resignation would forfeit all service benefits accruing to an
employee.
5.Learned Counsel for the appellant would submit that the
resignation submitted by the petitioner is on account of his health
condition and unable to discharge his duties and the case of the appellant
requires sympathetical consideration and he is not only suffering from
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.192 of 2021
health condition and also suffering monetarily and his wife is also
suffering from illness. The learned Counsel has referred to the decision
of the Hon'ble Division Bench in the case of M.K.Sivakami Vs. Hon'ble
Principal District Judge reported in (2017) 4 MLJ 329.
6.We have heard Mr.R.Baskaran, learned Government Counsel
appearing for the respondents on the above submission. As noted above,
resignation would forfeit all service benefits. Therefore, the petitioner
cannot claim as a matter of right that he is to be extended all benefits
pursuant to the said Government Order. The Hon'ble Division Bench in
M.K.Sivakami's case [referred supra] has observed that in cases where
Government servants were discharged due to abolition of post / service,
compensation pension becomes payable as per Rules 38 and those who
tendered resignations due to their health conditions, deserve more
compassion than those who were inflicted with severe punishment of
dismissal or removal from service for proven misconduct on their part.
Therefore, the Hon'ble Division Bench opined that Rule 40 of the Tamil
Nadu Pension Rules requires modification by providing thereunder for
payment of compassionate allowance even in cases where government
servants tender resignation all due to grounds of ill health. Therefore,
certain recommendations were made by the Government.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.192 of 2021
7.It appears that the recommendations / observations made by
the Hon'ble Division Bench has not fructified into any amendment in the
Rules nor any Government Order has been issued. Further, it would be
always open to the petitioner to approach the Government to seek for
relaxation of the condition, taking note of the peculiar problem faced by
the appellant. Thus, while confirming the order passed by the learned
Writ Court, we grant liberty to the appellant to submit a representation to
the concerned authorities, requesting that his case may be treated
differently with a compassionate view and an admissible relief may be
extended. If such representation is given the appropriate authority shall
consider the same preferably within three [3] months from the date on
which the representation is made.
8.Accordingly, the Writ Appeal stands disposed of. However,
there shall be no order as to costs.
[T.S.S., J.] & [S.A.I., J.]
29.06.2021
Index : Yes / No
Internet : Yes / No
MR
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.192 of 2021
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized
for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant
concerned.
To
1.The Additional Chief Secretary to Govt.,
Micro, Small and Medium Enterprises
(EII-I) Department,
Secretariat, Fort St.George,
Chennai – 600 009.
2.The Secretary to Government,
Industries and Commerce Department,
Secretariat,
Fort St. George,
Chennai – 600 009.
3.The Industries Commissioner and
Director of Industries and Commerce,
Chepauk,
Chennai – 600 005.
4.The General Manager,
District Industries Centre,
High Ground,
Palaymkottai,
Tirunelveli – 11.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.192 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
MR
JUDGMENT MADE IN
W.A.(MD)No.192 of 2021
29.06.2021
https://www.mhc.tn.gov.in/judis/
