Tamil Nadu Govt Staff Who Resign Even on Health Grounds Not Entitled to Pension: Madras HC
In a significant ruling, a full bench of the Madras High Court has held that government employees in Tamil Nadu who resign from service, even on medical or health grounds, will not be entitled to pension benefits under the Tamil Nadu Pension Rules, 1978.
Chennai, February 8: In a significant ruling, a full bench of the Madras High Court has held that government employees in Tamil Nadu who resign from service, even on medical or health grounds, will not be entitled to pension benefits under the Tamil Nadu Pension Rules, 1978.
The bench observed that “resignation from a service or post as per Rule 23 of the Tamil Nadu Pension Rules, 1978, entails forfeiture of past service. Therefore, resignation from service even on medical or health grounds entails forfeiture of past service. The grounds on which resignation is sought are immaterial and resignation shall only mean forfeiture of past service.” West Bengal SIR Hearing: Supreme Court Issues Notice to Election Commission After CM Mamata Banerjee’s Historic In-Person Appearance Challenging Electoral Roll Revision.
The ruling was delivered by a full bench comprising Justices S M Subramaniam, D Bharatha Chakravarthy and C Kumarappan, following a reference seeking clarity on pension eligibility under Rule 23 of the Pension Rules.
Clarifying the legal position, the bench said there is a “valid distinction” between resignation and voluntary retirement, as already settled by the Supreme Court of India. “Therefore, resignation from service cannot be treated as voluntary retirement,” the court said.
Upholding an earlier division bench judgment, the court reiterated that employees who resign cannot later claim pensionary benefits, even if the resignation was tendered on medical grounds. “Resignation is a condition of service with a statutorily recognised procedure. Employees cannot turn around and claim pension benefits on medical grounds after agreeing to the consequences of resignation,” the bench noted. ‘Are Standards Being Compromised?’ Supreme Court Seeks NBEMS’s Reply On NEET-PG 2025 Cutoff Reduction.
The court further pointed out that separate provisions exist under the Pension Rules for medical situations, and that Rule 56(3) of the Fundamental Rules exclusively governs voluntary retirement. “Medical grounds are not an element of Rule 23,” the bench said, adding that courts cannot create new grounds or legislate provisions not provided under the rules.
(The above story first appeared on LatestLY on Feb 08, 2026 06:07 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).