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.