Madras HC says past service can be included to fix pension – The New Indian Express

Chennai News

By Express News Service

MADURAI: The Madurai Bench of Madras High Court recently granted relief to an Assistant Executive Engineer working in Rural Development and Panchayat Raj department who had sought the government to consider his past service in TWAD Board while calculating his pension benefits.

Justice SM Subramaniam, who passed the order, observed that Rule 23 (1) of Tamil Nadu Pension Rules, 1978, states resignation from a service or post entails forfeiture of past service. But, if proper permission had been obtained, the resignation shall not entail forfeiture of past service, he pointed out from the rule.

As the petitioner, SSS Prahalathan, who had worked as a junior drafting officer in TWAD Board from May 1993 to November 2007, had obtained permission from TWAD Board before appearing for the TNPSC selection and taking up the new position in the Rural Development and Panchayat Raj Department, his resignation would not entail forfeiture, the judge said.

Following this, he directed the authorities to include the petitioner’s service in TWAD Board while calculating his pension benefits.