Government of Tamil Nadu & ANR Vs. K. Jayaraman  INSC 104 (3 February
RAMASWAMY, G.T. NANAVATI
O R D E
have heard learned counsel for the parties.
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
Smt. K. Sarda Devi has been assigned the case.
appeal by special leave arises from the order of the Administrative Tribunal, Madras, made on April 22, 1996 in O.A. No.159/90. The admitted
facts are that the respondent was initially appointed in a contingent
establishment on November
20, 1942 and was later
appointed on regular basis as an Attendant on February 18, 1945. He tendered voluntary resignation by letter dated June 6, 1970 which was accepted by the
Government w.e.f. March
the pre-existing rules, the Government servant was required to put in 30 years
of qualifying service for pensionary benefits. Rules came to be amended by G.O.Ms.
No.1537 which came to be effective from November 13, 1972.
stated therein that the Government may, be giving him notice of not less than
three months in writing or three months pay and allowances in lieu of such
notice, after he has attained the age of fifty years on after he has completed
twenty five years of qualifying 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 likewise retire from service by giving
notice of not less than three months in writing to be appropriate authority.
This rule has come into force, as stated earlier, w.e.f March 1, 1972. The respondent has voluntarily
retired on March 20,
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 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 liberty 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 and pass appropriate orders within a period of four
months from the date of receipt of the order.
appeal is accordingly disposed of. No. costs.
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