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2008 Supreme(Mad) 1242

PRABHA SRIDEVAN, A.P.SHAH
State of Tamil Nadu, rep. by the Secretary to Government Finance Department, Chennai – Appellant
Versus
Tamil Nadu, State Legal Services Authority Administrative and Office Assistants Welfare Association, rep. by its President SU. Divakaran, Chennai – Respondent


Advocates Appeared:
Raja Kalifulla, Government Pleader, for Petitioner.
R. Yashod Vardhan, Senior Counsel, for R. Sunil Kumar, for Respondents.

Judgment :

Per Ms. PRABHA SRIDEVAN, J.

1. This writ appeal concerns the right of the staff working in the Tamil Nadu Legal Services Authority to claim pension right from the date on which they were employed in the Tamil Nadu Legal Aid and Advice Board. The State of Tamil Nadu in discharge of its constitutional obligation as spelt out in Article 39-A of the Constitution of India set up the Tamil Nadu Legal Aid and Advice Board by G.O. Ms. No. 3048 Home (Courts IV) Department dated 3.12.1976. This was to secure as per the Constitutional mandate that the operation of the legal system promotes justice on the basis of equal opportunity and in particular, to provide free legal aid so that no specific person is denied the opportunity to secure justice by reason of economic or other disabilities. The Board was registered under the Tamil Nadu Societies Registration Act, 1975. It was governed by Tamil Nadu Legal Aid and Advice Board Rules and the bye-laws were published in the Tamil Nadu Gazette. Clause 3 of the Memorandum provided that the object of the Board inter aliawould be to offer legal aid to poor and deserving persons. Clause 4 of the memorandum provided that the management of the a









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