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Noting that effective service would be considered as per the Rules applicable, the Supreme Court last week clarified that on the ground that resignation was accepted lately, a claim for pension cannot be made.

These observations were made by a bench of Justices R Subhash Reddy and Hrishikesh Roy while hearing an appeal filed against the order of the High Court whereby the authorities were directed to consider the claim of one K Kumarasamy on sympathetic grounds.

Kumarasamy had joined the Tamil Nadu Medical Service on April 4, 1962.

He resigned on April1, 1975.

On the ground that his resignation came to be accepted w.e.f. April 1, 1986, claiming pension, he filed a Writ Petition before the High Court of Madras.

Accordingly, a Single Judge of the High Court dismissed the writ petition on the ground of delay and laches. An intra-court appeal was then preferred wherein a Division Bench disposed of the matter by issuing directions to the appellants to consider Kumarasamy's claim.

The Court noted that after joining the service in 1962, Kumarsamy resigned in 1975 and had thus not completed 20 years of service.

Further reliance was placed on C. Jacob v. Director of Geology & Mining & Anr. wherein the top court had considered the import of Tamil Nadu Pension Rules, 1978 and held that to claim the benefit of pension one should have completed not less than 20 years of qualifying service.

"The effective service of the respondent was only upto 01.04.1975. The ‘service’ as referred to in the Rules has to be considered as effective service. Merely on the ground that resignation was accepted lately, respondent cannot claim pension. It is further to be noted that though he tendered his resignation as early as 01.04.1975, he has filed writ petition in the year 2016. There is abnormal delay and laches on the part of the respondent in approaching the High Court", noted the bench.

The bench thus set aside the impugned order while holding that there was no reason or justification on the part of the respondent to explain the inordinate delay in approaching the High Court. 

Cause Title: Secretary to Govt & Ors vs K. Kumarasamy