Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2
PETITIONER:
THE GOVERNMENT OF TAMIL NADU & ANR.
Vs.
RESPONDENT:
K. JAYARAMAN
DATE OF JUDGMENT: 03/02/1997
BENCH:
K. RAMASWAMY, G.T. NANAVATI
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
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.
This 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 19, 1970.
As per 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.
It was 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
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2
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.
The appeal is accordingly disposed of. No. costs.