CHENNAI: Resignation from government service, even if tendered on medical grounds, results in forfeiture of past service and disentitles an employee from claiming pension under the Tamil Nadu Pension Rules, held the Madras High Court on Friday.
D Kaliyamoorthy and other petitioners approached the court seeking to quash the orders rejecting their pension claims and sought a direction from the court to the government to treat their resignation as voluntary retirement and grant pension with arrears.
However, the full bench comprising Justices SM Subramaniam, D Bharatha Chakravarthy and C Kumarappan observed that Rule 23 of the Pension Rules clearly states that resignation entails forfeiture of past service, except in cases where an employee resigns to take up another government post with prior permission.
The bench held that medical or health reasons are not recognised as an exception under the rule and courts cannot add new grounds where the statute is clear and unambiguous.
Also, separate provisions exist under the Pension Rules for invalid pension on medical incapacity and such cases cannot be read into resignation provisions, it said.
Holding that resignation cannot be equated with voluntary retirement, the bench said resignation for any reason whatsoever results in forfeiture of past service and pension benefits.
Earlier judgments allowing pension benefits after resignation on medical grounds were incorrect, the bench said, and directed the matters to be placed before the regular bench for disposal in accordance with the settled legal position.