Govt staff joining another dept can claim full pension: HC

A employee who resigns from one government department and joins another wing after due permission is entitled to get full pension, the Madras High Court Bench ruled.

Updated: Apr 29, 2011, 18:50 PM IST

Madurai: A employee who resigns from one
government department and joins another wing after due
permission is entitled to get full pension, the Madras High
Court Bench here has ruled.

Justice D.Hariparandhaman allowing a petition by one N
Nallakannu rejected the Finance Department`s view that for
calculating pension on the basis of the Tamil Nadu State
Sub-Ordinate Sevice Rules, the employee would have to forfeit
his service if he had tendered his resignation.

The Judge said a proviso to rule 41 categorically stated
that "It shall not affect the operation of rule 23 of the
Tamilnadu Pension Rules,1978 which allows taking into account
past service if the resignation had been tendered with due
permission."

Besides the Government order, the service rendered by
the Petitioner as an Assistant Supervisor on a temporary basis
between 1964 and 1970 must also be considered for granting
pension.

The Petitioner was denied pension for the services rendered
by him as a Junior assistant in the Public Works Department
between 1970-71 before joining the cooperative department as a
Junior inspector.

The Petitioner was aggrieved against the disbursal of
pension only for the services rendered by him in the
Cooperative department between 1971 and 1999.

He submitted that his service as an Assistant Supervisor on
temporary basis in the Industries and Commerce Department
between 1964 and 1970 was not taken into account.

PTI