Madras High Court
Selvi.Tamilarasi Jacob vs The Director Of Elementary ... on 6 July, 2022
W.P.No.8748 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.8748 of 2014
and
M.P.No.1 of 2014
Selvi.Tamilarasi Jacob ...Petitioner
Vs.
1.The Director of Elementary Education,
College Road, Chennai – 6.
(R1-Substituted vide order dated 04.07.2022
made in W.M.P.No.8042/2022 in
W.P.No.8748/2022)
2.The Assistant Elementary Education Officer,
Kothagiri – 643 217.
3.The Accounts Officer,
O/o.The Principal Accountant General,
(Accounts & Entitlements),
Tamil Nadu,
261, Anna Salai, Chennai – 600 018.
4.Naallayan Middle School,
Krishnaputhur, Nihung Post,
Kotagiri – 643 217, Nilgiri District. ..Respondents
PRAYER : Writ Petition filed Under Article 226 of the Constitution of
1/8
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W.P.No.8748 of 2014
India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to grant
pension benefits to the petitioner for the service rendered by her as
Secondary Grade Teacher in the 4th respondent School from 1.7.1980 to
31.10.1994 together with interest at 18% per annum for the belated
payment.
For Petitioner : Mr.Palaniselvaraj
For Respondents : Mr.S.Silambanan
[For R1, R2 & R5] Assisted by
Mrs.S.Anitha
Special Government Pleader
[For R3] : M/s.Hema Muralikrishnan
[For R4] : No appearance
ORDER
The relief sought for in the present writ petition is to direct the
respondents 1 to 3 to grant pension benefits to the petitioner for the service
rendered by her as Secondary Grade Teacher in the 4th respondent School
from 1.7.1980 to 31.10.1994 together with interest at 18% per annum for the
belated payment.
2. The petitioner states that she was working as Secondary Grade
Teacher in the aided Schools under the Management of 4th respondent from
01.07.1980 to 31.10.1994. The petitioner worked subsequently in various
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W.P.No.8748 of 2014
other Schools. on 01.11.1994, the petitioner was transferred to another
School namely RC School in Kosuvampatty running under the 4th
respondent / Management. The petitioner could not able to join duty due to
medical reasons and she was hospitalized. When the petitioner approached
the 4th respondent / Management after two months, she was informed that
somebody was appointed in her place. The petitioner states that she has
served about 14 years in the 4th respondent School and the said services are
to be taken into consideration as qualifying service for the purpose of
pensionary benefits. The petitioner states that she has submitted a
representation in this regard and the said representation was not considered.
Thus, the petitioner is constrained to move the present writ petition.
3. The respondents states that the petitioner served as Secondary
Grade Teacher in the Aided Schools under the Management of the 4th
respondent from 01.07.1980 to 31.10.1994 i.e., for about nearly 14 years 2
months and 27 days. The petitioner submitted an application for grant of
pension for the services rendered by her in the 4th respondent School.
4. The Accountant General of Tamil Nadu / third respondent has
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W.P.No.8748 of 2014
stated that the petitioner has admittedly stayed away from duty and she has
not relieved from service by the competent authority in any one of the
modes prescribed in Chapter V of Tamil Nadu Pension Rules, 1978, that
would fetch pensionary benefits.
5. The learned counsel for the third respondent relied on the
judgment of Hon'ble Supreme Court of India in the case of Sri.C.Jacob Vs.
Director of Geology and Mining and Another, reported in [2008 (10) SCC
115] and paragraph 12 of the judgment is relevant, which reads as follows:
“12. When a government servant abandons service to
take up alternative employment or to attend to personal
affairs, and does not bother to send any letter seeking leave or
letter of resignation or letter of voluntary retirement, and the
records do not show that he is treated as being in service, he
cannot after two decades, represent that he should be taken
back to duty. Not can such employee be treated as having
continued in service, thereby deeming the entire period as
qualifying service for the purpose of pension. That will be a
travesty of justice.”
6. In view of the above judgment, the petitioner is not entitled for the
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W.P.No.8748 of 2014
pensionary benefits.
7. Having quit the services on 31.10.1994, the petitioner has
preferred the writ petition in the year 2014, after a lapse of 20 years from
the date of abandoning the job. Thus, the writ petition is liable to be rejected
on the ground of laches also. The provisions of the Tamil Nadu Pension
Rules 1978, governing the grant of pensionary benefits are as under:
“5) In this Connection the following provisions of the
Tamil Nadu Pension Rules 1978 (TNPR) that govern the grant
of pensionary benefits, are submitted:
a) The entitlement of pension is governed by Chapter V
of the said Rules, which enumerated the classes of pension and
conditions for entitlement. The enumerated classes of pension
are:
(i) Superannuation pension (Rule 32 of TNPR)
(ii) Retiring pension (Rule 33 of TNPR)
(iii) Pension on absorption in or under a corporation,
company or body owned/controlled by State/Central
Government (Rule 34 of TNPR)
(iv) Invalid pension (Rule 36 of TNPR)
(v) Compensation pension payable on discharge owing to
abolition of the post (Rule 38 of TNPR)
(vi) Compulsory pension payable (Rule 39 of TNPR)
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W.P.No.8748 of 2014
Compassionate allowance to Government servants who forfeit
their pension on being dismissed or removed (Rule 40 of
TNPR)”
8. This Court is of the considered opinion that the petitioner can
neither completed 20 years of service nor reached 50 years of age as on
31.10.1994 (date of quitting) and thus, she could not have retired
voluntarily to seek pension on voluntarily retirement under Rule 33 read
with Rule 42 of the Tamil Nadu Pension Rules. That apart, the petitioner
stayed away from duty on her own volition and thereafter, she had not
continued in service. Beyond all this, the petitioner filed the present writ
petition after a lapse of about 20 years from the date of abandoning the
service. Thus, she is not entitled for the relief and accordingly, the writ
petition stands dismissed. No costs. Consequently, connected miscellaneous
petition is closed.
06.07.2022
Index : Yes
Speaking order:Yes
kak/jeni
To
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W.P.No.8748 of 2014
1.The Director of Elementary Education,
College Road, Chennai – 6.
2.The Assistant Elementary Education Officer,
Kothagiri – 643 217.
3.The Accounts Officer,
O/o.The Principal Accountant General,
(Accounts & Entitlements),
Tamil Nadu,
261, Anna Salai, Chennai – 600 018.
S.M.SUBRAMANIAM, J.
https://www.mhc.tn.gov.in/judis
W.P.No.8748 of 2014
kak
W.P.No.8748 of 2014
06.07.2022
https://www.mhc.tn.gov.in/judis
