The Madras High Court bench here has held that an employee who shifted to one department of the government after resigning from another wing could not claim continuity of service for the benefit of pension and commutation of Gratuity.

Justice K. Chandru, dismissing a writ petition filed by a person who joined the Tamil Nadu Electricity Board a day after he resigned from the Colochal Municipality, said the power to condone any break exclusively rested with the Government. “This court cannot ask the government to give exemption, in a particular fashion”, he said.

As per Tamil Nadu Pension Rules-1978, if a person resigns his post he automatically forfeits past service and this makes him ineligible to get pension for that period.

The Petitioner submitted that he resigned from the Municipality and was relieved on 20.12.1982 after five years of service and worked in the Electricity Board from 21.12.82 to 2006.

While in service in the board and after the retirement he was sending representation stating that his earlier service in the municipality should be tagged on along with the service rendered in the Board. But there was no favourable response.

The Petitioner’s counsel said the government had passed certain orders granting benefit of such continuous service and the court could accept the said power and order for condoning the break.

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