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A
THE·GOVERNMENT OF TAMIL NADU AND ANR.
v.
K. JA YARAMAN
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FEBRUARY 3, 1997
B
[K. RAMASWAMY AND G.T. NANAVATI, JJ.j
Service Law: Pe11sion---Volu11tary resig11ation-Accepted by the Govern-
ment-Qualifying service-for pension-Shortage of-Subsequently qualifying
service reduceli-Held, si11ce the amended role came into force later it cannot
c be given retrospective effect-However, since the employee had re11dered 2
years of temporary service a11d the shortfall is three years for computing pen-
sio11, Government directed to consider his case and pass appropriate orders
within 4 mo11ths.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 699 of
D 1997.
,. ..
From the Judgment and Order dated 22.4.96 of the Tamil Nadu
Administrative Tribunal at Madras in O.A. No. 159 of 1990.
V. Krishnamurthy for the Appellants.
E
Mrs. K. Sarada Devi for the Respondent
The following Order of the Court was delivered :
/
Leave granted.
F
We have heard learned counsel for the parties.
When the respondent failed to be represented pursuant to the notice
issued by this Court, we requested the Supreme Court Legal Services
Committee to assign the counsel. Accordingly, Smt. K. Sarda Devi has been
assigned the case.
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G
This appeal by special leave arises from the order of the Administra-
tive Tribunal, Madras, made on April 22, 1996 in O.A. No. 159/90. The
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admitted facts are that the respondent was initially appointed in a contin-.
gent establishment on November 20, 1942 and was later appointecfO"n
H regular basis as an Attendant on February 18, 1945. He tendered resigna-
848
GOVT. v. K. JAYARAMAN
849
tion by letter dated June 6, 1970 claiming that he had right to take voluntary A
retirement as he had put in 25 years of service. The same was accepted by
the Government w.e.f. March 19, 1970. As per the pre-existing rules, the
Government servant was required to put in 30 years of quaHfying service
for pensionary benefits. Rules came to be amended by G.O. Ms. No. 1537
which came to be effective from November 13, 1972. It was stated therein B
that the . Government may, by giving him notice of not less than three
months in writing or thre_e months pay and allowances in Heu of such
notice, after he has attained the age of fifty years or after he has completed
twenty five years of quaHfying service retire any Government servant. Any
Government servant who has attained the age of 50 years or who has
completed 25 years of qualifying service may also Hkewise retire from C
service l:Jy giving notice of not less than three months in writing to the
appropriate authority. This rule has come into force, as stated earlier, w.e.f.
November 13, 1972. The respondent voluntarily retired w.e.f. March 19,
1970 and since then, he has already joined another institution. The view of
the Tribunal that he is entitled to pension on completing 25 years of D
qualifying service applying the aforesaid G.O., is clearly illegal. It cannot
be given retrospective effect. However, since the respondent had rendered
two years of temporary service and there is a short-fall of three years for
computing the pension, Government is at Hberty and is accordingly
directed to consider his case whether he is eligible in accordance with
appropriate procedure to pensionary benefits or relaxation may be given E
and pass appropriate orders within a period of four months from the date
of receipt of the order.
The appeal is accordmgly disposed of. No costs ..
G.N.
Appeal disposed of.
F
Lex