The Madras High Court has ruled that government employees who resign from service — even citing medical or health reasons — lose their entitlement to pension, clarifying the legal position under the Tamil Nadu Pension Rules, 1978.A full bench of the High Court held that under Rule 23 of the pension rules, a resignation automatically entails forfeiture of past service, and the reason for resignation — including health issues — does not alter this outcome. The court emphasised that resignation and voluntary retirement are distinct, and only in the latter case do pension rights accrue upon meeting qualifying service conditions.
The bench noted there are separate provisions for invalid pension on medical incapacity, but those cannot be mixed with the rules for resignation. Earlier judgments that allowed pension after resigning on medical grounds were deemed incorrect, and matters will be reconsidered by a regular bench in line with the settled legal position.
The judgement reinforces that employees choosing to resign must accept the statutory consequences, including forfeiture of service and loss of pension benefits.