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2012 Supreme(Mad) 3150

VINOD K.SHARMA
M. Brindavanam – Appellant
Versus
Secretary To Government Transport Department – Respondent


Advocates appeared:
For the Petitioner:C. Manohar, Advocate.
For the Respondents: R1 R. Vijayakhumar, Addl. Govt. Pleader, R2 - V.R. Kamalanathan, Addl. Govt. Pleader.

Judgment :-

1. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of Certiorari, to quash the impugned part of the order G.O.Ms.No.42 Transport (RW) Department dated 27.05.2005, ordering exclusion of the period of daily wage service for the purpose of pension.

2. The impugned part of order reads as under:

"5. The Government after re-examination of the whole issue have decided to implement the orders of the Supreme Court of India, referred in the judgement seventh read above and accordingly issue the following orders:-

The Government fix the cut off date as 1.4.1982 in respect of the erstwhile Tamil Nadu Transport Department employees who had put in less than 10 years of government service as on their permanent absorption in State Transport Undertakings, only for the limited purpose of assessing the requisite length of qualifying service of 10 years to earn pension. The eligible erstwhile Tamil Nadu State Transport Department employees whoever have retired shall get the arrears of pension only from 01.01.1988 which date is fixed with reference to the year of filing the first writ petition. The fixation of pension and payment of arrears shal
































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