R. Porkodi v. The Union of India, rep. by its Secretary to Government & Others
2008-08-13
R.BANUMATHI
body2008
DigiLaw.ai
Judgment :- Petitioner seeks Writ of Certiorarified Mandamus directing the Respondents to grant invalid pension to the Petitioner by treating her resignation dated 06.02.2003 as voluntary retirement by considering the representation dated 20.4.2005. 2. Petitioner joined in the services as Staff Nurse at 3rd Respondents hospital on 110. 1987 and worked in various capacities. Petitioner has submitted her resignation letter on 011. 2002 by giving three months notice. Her resignation was accepted and she was relieved from service on the after noon of 06.02.2003 by Office Memo No.Estt.5-204/87. Later Petitioner has given representation to withdraw her resignation and the request of withdrawal was rejected by the Respondents by Office Note No.Estt.5/204/87-II dated 03.06.2003. 3. It is seen from the records that already Petitioner has given her representation for claiming full pension. By Office letter No.Estt.59(204)/87-III dated 24.06.2005, Petitioner was informed that Government Servant quitting service on resignation will not be entitled to any pension, gratuity or terminal benefits. It was also stated that there was no pension rules to claim full pension or invalid pension for the service rendered less than 20 years. 4. Mr. N. Manoharan, learned counsel for the Petitioner has submitted that Petitioner was diagnosed to have Retinitis Pigmentosa in both eyes and that her field of vision is reduced to less than 10º in both eyes and that she was certified to have 100% visual impairment under Category IV. 5. Learned counsel for the Petitioner would further submit that case of the Petitioner could be considered atleast at the category of invalid pension under Rule 38 of Central Government Employees Service Rules. 6. Mr. T. Arunan, learned counsel for the Respondents would submit that a Government servant quitting service on resignation will not be entitled to any pension, gratuity or terminal benefits and the Petitioner was already informed about the same by office letter No.Estt.59(204)/87-III dated 24.06.2005 and therefore, no further direction could be issued in this regard. 7. To show that her eye vision affected, Petitioner has produced the medical certificate. Learned counsel for the Petitioner would also submit that Petitioner has suffered mental illness. 8.
7. To show that her eye vision affected, Petitioner has produced the medical certificate. Learned counsel for the Petitioner would also submit that Petitioner has suffered mental illness. 8. Having regard to the submissions, Petitioner shall submit a fresh representation to the Respondents 2 and 3 and Respondents 2 and 3 are directed to consider the representation of the Petitioner afresh in the light of the Rules particularly Rule 38 of Central Government Employees Service Rules and also on humanitarian ground. Respondents 2 and 3 shall consider and pass orders on the representation within a period of twelve weeks from the date of receipt of copy of representation from the Petitioner. Petitioner is directed to enclose copy of this Order along with representation. 9. Writ Petition is disposed of accordingly.