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S. M. SUBRAMANIAM
M. Deivasigamani – Appellant
Versus
Government of Tamil Nadu, Rep. by its Secretary, School Education Department – Respondent
ORDER :
[Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to take into account 50% of the service rendered by the petitioner from initial appointment till regularization (i.e. 31.07.1987 to 31.03.1990) for the purpose of retirement benefits, including pension.]
[Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to take into account 50% of the service rendered by the petitioner from initial appointment till regularization (i.e. 26.01.1989 to 11.11.1997) for the purpose of retirement benefits, including pension.]
1. The relief sought for in the present writ petitions is for a direction to direct the respondents to count 50% of the services rendered by the petitioners in the post of Vocational Instructor and accordingly, calculate the qualifying services for grant of pensionary benefits.
2. The writ petitioner in W.P.No.26013 of 2018 states that he was initially appointed on 31.07.1987 as double part-time Vocational Teacher and the writ petitioner in W.P.No.26014 of 2018 states that he was initially appointed on 26.01.1989 as
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.
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 the Pension Rules scrupulously for counting 50% of the services rendered by employees and the application of Article 14 only if ....
The court affirmed that part-time service can be counted for pension benefits, supporting the claim based on prior judgments.
The application of Rule 11(2) of the Pension Rules and subsequent government orders in determining pensionary benefits for part-time Panchayat Clerks.
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