V. Shantha vs State of Tamil Nadu

D. Hariparanthaman, J.—The Petitioner''s husband was employed as Drawing Teacher in the 4th Respondent school. He resigned on

08.05.1992. Thereafter, he died in Malaysia on 04.09.1999. The fact of resignation is recorded in the Service Register. However, the Petitioner

has filed the present writ petition seeking for direction to pay pension and other terminal benefits to the Petitioner.

As per Rule 23 of the Tamil Nadu Pension Rules, the person who has resigned his service is not entitled to pension and other terminal benefits.

Rule 23 of the Tamil Nadu Pension Rules is extracted hereunder:

Forfeiture of service on resignation. -(1) Resignation from a service or post entails forfeiture of past service:

Provided that a resignation shall not entail forfeiture of past service if it has been submitted to take up with proper permission, another appointment,

whether temporary or permanent, under the Government where service qualifies.

(2) Interruption in service in a case falling under the proviso to Sub-rule (1) due to the two appointments being at different stations, not exceeding

the joining time permissible under the rules of transfer, shall be covered by grant of leave of any kind due to the Government servant on the date of

relief or by formal condonation to the extent to which the period is not covered by leave due to the Government Servant.

In view of the aforesaid facts, the Petitioner is not entitled for any relief and the writ petition stands dismissed. No costs.