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2005 Supreme(SC) 174

P.VENKATARAMA REDDI, P.P.NAOLEKAR
Government Of T. N. – Appellant
Versus
M. Ananchu Asari – Respondent


Judgment

P. Venkatarama Reddi, J.—In order to extend the benefit of pension to the Government servants absorbed in the State Road Transport Corporations, the crucial date for granting/calculating pensionary benefits was specified as 01.05.1975/15.9.1975. The entitlement to pensionary benefits arises if they had completed ten years of qualifying government service as on that day. The validity of fixation of cut-off date as 1.5.1975/15.9.1975 came up for consideration before the High Court of Madras. The High Court declared the fixation of the date aforementioned as illegal and arbitrary and directed the Government to fix the cut-off date afresh, while indicating that the date on which the options were finally called for i.e. 20.6.1982 would be an appropriate date for determining the eligibility for pension. On appeal to this Court, the Judgment of the High Court was substantially confirmed. This Court negatived the plea of the appellants that the process of absorption took place in the year 1975 itself. This Court, instead of remitting the matter again to the Government for fixing the appropriate cut-off date and to avoid further delay, directed that the cut-off date shall be fixed a







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