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AJAY RASTOGI, BELA M. TRIVEDI
P. RANJITHARAJ – Appellant
Versus
STATE OF TAMIL NADU – Respondent
JUDGMENT
1. Delay condoned.
2. Leave granted.
3. The present appeals have been filed assailing the judgment dated 19th June, 2014 and later order dated 2nd November, 2018 passed in review application, whereby the appellants have been denied to become member of the Tamil Nadu Pension Rules, 1978.
4. The indisputed facts manifest from the record are that 53 vacancies of Assistant Public Prosecutor Grade II (hereinafter referred to as “APP Grade II”) came to be advertised by the Tamil Nadu Public Service Commission (hereinafter referred to as “the Commission”) by advertisement dated 9th November, 2001. After undertaking the process for selection, the final select list was sent by the Commission to the State Government, pursuant to which 51 persons, including those who are lower in order of merit to the appellants herein, were appointed on the post of APP Grade II by the Government by order dated 24th September, 2002.
5. So far as the present appellants are concerned, their names at the given point of time were withheld for want of further verification and clearance from the Commission. The Commission on verification granted clearance to both the appellants and intimated to the State Govern
The delay in appointments, not attributable to the appellants, should not deprive them of their entitlement to claim membership in the Pension Scheme, 1978.
Accrued legal rights to pension benefits cannot be denied due to administrative delays in appointment.
The delay in the appointment process did not entitle the petitioners to the benefits of the old pension scheme, and the 1969 Circular was not binding to support their claim.
Delays in administrative processes should not result in discrimination against individuals entitled to benefits under pension schemes.
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