Two writ petitioners who resigned from service sought pension and pensionary benefits after rejection of their claims on the ground that resignation entails forfeiture of past service. In light of a Full Bench ruling upholding forfeiture under Rule 23 of the Tamil Nadu Pension Rules, the claims were held untenable.
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.P.No.39583 of 2015 and W.P.No.26986 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-02-2026
CORAM
THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR
WP No. 39583 of 2015 and W.P.No.26986 of 2011
WP No. 39583 of 2015:
Mr.D. Kaliyamoorthy, S/o.Late. Duraikannu, Old No.8A, New No.14A, Ramamoorthy Avenue, 2nd Street, Sakthi Nagar, Porur, Chennai - 600 116
..Petitioner
Vs
Rep by its Secretary, School Education Department, Fort St George, Chennai - 600 009
..Respondent(s)
Page 1/7
W.P.No.39583 of 2015 and W.P.No.26986 of 2011
Prayer in WP No. 39583 of 2015 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records from the file of the 3rd Respondent and quash the orders passed in Na.Ka. No. 1061/ A7/2015 dated 22/06/2015 and direct the respondents to treat discharge from service as that of voluntary retirement or in the alternative as resignation on health grounds and to consider and sanction pension to the petiitoner w.e.f. 01/03/1997, in accordance with the order of the Divisional Bench dated 17/11/2008 in W.A. No. 13048 of 2006, and with further direction to pay the petitioner pension and other benefits within a stipulated time.
WP No. 26986 of 2011:
Dr. G.Krishnamohan, No.10, (old No.7), Sri Ram Layout, N.S.R. Road, Saibab Mission P.O., Coimbatore-641011.
..Petitioner
Vs
..Respondent(s)
Page 2/7
W.P.No.39583 of 2015 and W.P.No.26986 of 2011
Prayer in WP No. 39583 of 2015 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in his proceedings No. L.O./Dr.G.K./2011 dated 31.01.2011 and quash the same and consequently direct the Respondents to pay pension to the Petitioner with arrears from 28.02.1990 within a period fixed by this Court.
W.P.No.39583 of 2015
For Petitioner : Mrs.S.Nagashyla
For Respondents : Mr.K.H.Ravikumar, GA-R1 to R3 No Appearance – R4
W.P.No.26986 of 2011
For Petitioner : Mr.Krishna Ravindran
For Respondents : Mr.S.Manikandan Standing Counsel -R1 & R2 : Mr.V.Vijay Shankar, Standing Counsel -R3
COMMON ORDER
W.P. No.26986 of 2011:
The petitioner challenges the communication dated 31.01.2011 issued by the first respondent, whereby the petitioner’s claim for grant of pension and pensionary benefits was rejected on the ground that resignation from service or post entails forfeiture of past service. Page 3/7
W.P.No.39583 of 2015 and W.P.No.26986 of 2011
W.P. No.39583 of 2015:
This writ petition is filed challenging the order dated 22.06.2015 passed by the third respondent, by which the petitioner’s application seeking pension and other pensionary benefits was rejected on the ground that resignation entails forfeiture of past service and that there is no provision for converting resignation into voluntary retirement.
W.P.No.39583 of 2015 and W.P.No.26986 of 2011 or health grounds, results in forfeiture of past service, and the grounds on which resignation is submitted are immaterial. The Full Bench also noted the valid distinction between “resignation” and “voluntary retirement,” as recognised by the Three-Judge Bench of the Hon’ble Supreme Court in Senior Divisional Manager, LIC v. Shree Lal Meena.
24.02.2026
Index : Yes/No
Internet : Yes msv
Page 5/7
W.P.No.39583 of 2015 and W.P.No.26986 of 2011
To
4. The Secretary
Padi Aided Middle School, Veeramudayanatham Village & Post, Chidambaram Taluk, Cuddalore District
Tamil Nadu Agricultural University, Coimbatore-641003.
Tamil Nadu Agricultural University, Coimbatore-641003.
Page 6/7
W.P.No.39583 of 2015 and W.P.No.26986 of 2011
HEMANT CHANDANGOUDAR, J.
msv
WP No. 25478 of 2015 AND WP NO. 25479 OF 2015
24.02.2026
Page 7/7
1 issue framed by the court
Whether a person whose past service stands forfeited on resignation is eligible for pension under Rule 23 of the Tamil Nadu Pension Rules, 1978.
Colour shows how this judgement treated each authority
D. Vijayarangan v. Secretary, Sales Tax Appellate TribunalReferred¶2
D. Vijayarangan v. Secretary, Sales Tax Appellate Tribunal
A.I. Agnel Ilangovan v. Government of Tamil NaduReferred¶2
A.I. Agnel Ilangovan v. Government of Tamil Nadu
Senior Divisional Manager, LIC v. Shree Lal MeenaReferred¶3
Senior Divisional Manager, LIC v. Shree Lal Meena
2 provisions across 2 enactments
D. Kaliyamoorthy
State of Tamil Nadu
Directorate of Elementary School Education
The District Elementary Educational Officer, Cuddalore-1
The Secretary Padi Aided Middle School, Veeramudayanatham Village
Dr. G. Krishnamohan
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
