Resignation means forfeiture of previous service, pension advantages, says HC | Chennai Information – The Instances of India

Chennai: A full bench of the Madras excessive courtroom has clarified that resignation from service by a Tamil Nadu state govt servant, even on medical grounds, would entail forfeiture of previous service, making them ineligible for pension advantages.“The grounds on which resignation is sought are immaterial, and resignation shall solely imply forfeiture of previous service,” the three-judge bench comprising Justice S M Subramaniam, Justice D Bharatha Chakravarthy and Justice C Kumarappan stated on Thursday.In service jurisprudence, the expressions ‘superannuation, voluntary retirement, obligatory retirement and resignation’ convey totally different connotations. Voluntary retirement and resignation contain voluntary acts on the a part of the worker to go away service. Although each contain voluntary acts, they function in another way, the bench added.One of many primary distinctions is that, within the case of resignation, it may be tendered at any time, however within the case of voluntary retirement, it could possibly solely be wanted rendering the prescribed interval of qualifying service, the courtroom stated, citing the judgment rendered by the Supreme Court docket in Senior Divisional Supervisor LIC and Ors Vs Shree Lal Meena.The bench made the findings whereas answering a reference made in view of conflicting stands taken by varied division benches of the courtroom on the problem.So far as the Tamil Nadu Pension Guidelines are involved, there are particular provisions entailing the grant of pension on medical grounds. Extra particularly, Rule 36 speaks about invalid pension. It’s granted to a govt servant who, by bodily or psychological infirmity, is completely incapacitated for public service, the courtroom stated.“Due to this fact, when there’s a particular provision designed to cope with a selected occasion/case, there isn’t any compelling must forcefully learn it into one other provision considering a distinct occasion/case. This paves the best way for over-interpretation, which is unwarranted, extra so when the language of the statute is apparent and clear,” the judges stated.Resignation is a situation of service with a statutorily recognised process. The implications of resignation have been agreed to by the worker on entry into service; after resignation, the worker can’t flip round and declare pension advantages on medical grounds. It quantities to approbation and reprobation, and is impermissible below regulation, the courtroom added.