Back
S. M. SUBRAMANIAM
R. Gnanasekaran – Appellant
Versus
Government of Tamil Nadu – Respondent
ORDER :
The relief sought for in all these writ petitions is for a direction to direct the respondents to take into account of the services rendered by these writ petitioners in the post of Vocational Instructors and accordingly, calculate their qualifying services for grant of pensionary benefits.
2. The writ petitioners in WPs No.3277, 3289, 3295 and 3297 of 2019 state that they were initially appointed on 26.11.1983, 04.07.1984, 04.10.1989, 16.08.1988 respectively as Single Part-time Vocational Teachers and subsequently converted as Double Part-time Vocational Teacher on 12.12.1983, 26.03.1986. The writ petitioners in WPs 3281, 3284, 3292, 3302, 3304 and 3309 of 2019 state that they were initially appointed as Double Part-time Vocational Teachers on 06.10.1986, 15.07.1985, 15.09.1980, 22.08.1988, 27.06.1990 and 24.10.1983 respectively.
3. Considering the long services, the Government passed orders, regularizing the services of these Part-time Vocational Instructors in the sanctioned post and they were brought under the regular establishment with effect from 01.04.1990. Thereafter, the writ petitioners are working as regular Vocational Instructors.
4. The grievances of the writ petit
Appointment conditions are binding, and part-time employees are not eligible for the benefit of full-time employees as per Rule 11(4) of the Tamil Nadu Pension Rules.
The main legal point established in the judgment is that part-time employees, such as vocational instructors, are not eligible for counting 50% of their services for pension benefits as per Rule 11(2....
The application of Rule 11(2) of the Pension Rules and subsequent government orders in determining pensionary benefits for part-time Panchayat Clerks.
Employees absorbed into regular substantive posts prior to 2003 are entitled to count 50% of their past part-time service toward qualifying pensionary service, and the State cannot arbitrarily exclud....
Employees absorbed into regular service before 2003 after holding part-time or consolidated roles are entitled to count 50% of their past part-time service towards pensionable service qualifying time....
Employees absorbed into regular service prior to 2003 after serving as part-time instructors are legally entitled to have 50% of their past part-time service counted for pensionary benefits, consiste....
The main legal point established in the judgment is the need to follow Rule 11(2) of the Pension Rules and the Full Bench Judgement in determining the eligibility for pensionary benefits.
Article 14 of the Constitution is not meant to perpetuate illegality or fraud, and if an illegality or irregularity has been committed in favor of any individual or a group of individuals, others can....
The main legal point established in the judgment is that the phrase 'job involving whole time employment' in Rule 11(4) of the Tamil Nadu Pension Rules should be interpreted broadly to include part-t....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
