The relief sought for in this writ petition is for a direction to respondents 1 and 2 to send pension proposal to the third respondent for sanctioning the petitioner's monthly pension in so far it relates to the petitioner's P.R.No.13499.
2. The writ petitioner was appointed as Driver through Employment Exchange in the year 1987. On account of certain ailments, he was discharged from his post as Driver and accordingly, the writ petitioner submitted his resignation and the resignation submitted by the writ petitioner on 13.01.2012, was accepted by the respondents in his proceedings No.44/E3A/Padhu.1/TNSTC (Ko)/2012, dated 13.01.2012. The order of relieving was also issued and in the order, it is clearly stated that the writ petitioner has resigned from the post and therefore, he is not eligible for any service benefits under the Rules.
3. The learned counsel appearing for the respondents has also cited the Tamil Nadu State Transport Corporation Employees Pension Fund Rules. Rules 16 (e) of the Rules deals with Forfeiture of Service on Resignation which is extracted hereunder: e) Forfeiture of Service on Resignation:
Resignation from service or post entails forfeiture of past services. Provided that a resignation shall not entail forfeiture of past service, it it has been submitted to take up with proper permission, another appointment, under Government Department/State Public Sector Undertaking/Board. In such case, the pensionary benefits shall be transferred to the new employer's pension fund/EP scheme 1995, as the case may be, and such benefits shall not be directly paid to the individual.
4. In view of the said Rules, the writ petitioner is not eligible to claim pension and pensionary benefits and accordingly, the prayer as such sought for by the writ petition cannot be granted, in view of the fact that the writ petitioner who had resigned from the post is not entitled to claim pensionary and service benefits. Thus, the writ petition is devoid of merits. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs.
18.09.2017 Index : Yes/No Internet : Yes/No dna S.M.SUBRAMANIAM,J.
dna To
1.The Managing Director Tamil Nadu State Transport Corporation Ltd., (Kovai Division) Mettupalayam Road Coimbatore, Coimbatore District.
2.The General Manager Tamil Nadu State Transport Corporation Ltd (Kovai Division) Mettupalayam Road Coimbatore, Coimbatore District.
3.The Administrator Tamil Nadu State Transport Corporation Employees Pension Fund Trust Tiruvalluvar House Pallavan Salai Chennai 2.
W.P.No.38380 of 2015 18.09.2017