The High Court dismissed the appeal which challenged an order denying the appellant's claim to include his pre-1978 service in the Highways Department towards his pension under the Tamil Nadu Pension Rules, 1978, citing Article 418(a) forfeiture due to earlier voluntary resignation.
The appeal was dismissed with no costs awarded to the respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.A.(MD) No.78 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.07.2024
CORAM
JUSTICE N. SESHASAYEE
and
JUSTICE P.VADAMALAI
W.A.(MD) No.78 of 2020
D.Kanagaraj
... Appellant/ Petitioner
Vs.
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5.The District Educational Officer, Kanyakumari District, Nagercoil-629 001.
W.A.(MD) No.78 of 2020
6.The Superintending Engineer, Tamil Nadu Highways Department, Chennai Circle, Chepauk, Chennai-600 006. ... Respondents/ Respondents
Prayer: Appeal filed under Clause 15 of Letters Patent against the order dated 02.07.2019 made in W.P.(MD) No.6106 of 2013 on the file of this Court.
For Appellant : Mr.N.Mohamed Asif For RR1 & 3 to 6 : Mr.D.Sadiq Raja Additional Government Pleader For R2 : Mr.P.Gunasekaran
JUDGMENT
(Judgment of the Court was delivered by N.Seshasayee, J.)
This appeal is directed against an order of a learned Single Judge in W.P. (MD) No.6106 of 2013, dated 02.07.2019.
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W.A.(MD) No.78 of 2020
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W.A.(MD) No.78 of 2020
resigned from his service would forfeit all his past services. Therefore, this appellant is not entitled to have the period which he served in the Highways Department added to his service in the School Education Department. He also added that the writ petition itself was filed some 22 years after his retirement and there is considerable laches on the part of the appellant.
(N.S.S., J.) (P.V.M., J.) 01 .07.2024
NCC : Yes/No Index : Yes/No Internet : Yes
ABR
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W.A.(MD) No.78 of 2020
To
Page 5 of 6
W.A.(MD) No.78 of 2020
N. SESHASAYEE, J. and P.VADAMALAI, J.
ABR
W.A.(MD) No.78 of 2020
01.07.2024
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3 issues framed by the court
Whether the period of service served by the appellant in the State Highways Department between 1961 and 1967 can be reckoned for computing pension entitlement in light of his resignation prior to the
Whether the appellant is entitled to the benefit of Article 418(a) of the Madras Pension Code regarding forfeiture of past services upon voluntary resignation.
Whether there is merit in the appeal filed under the Letters Patent against the Single Judge's order dismissing the petition.
2 provisions across 1 enactments
D.Kanagaraj
Secretary to Government, Education Department
Principal Accountant General
Director of School Education
Chief Educational Officer, Kanyakumari District
District Educational Officer, Kanyakumari District
N. Seshasayee
P. Vadamalai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
