Back
S. M. SUBRAMANIAM
P. Arumugam – Appellant
Versus
State of Tamil Nadu Represented by its Secretary to Government, Rural Development and Panchayat Raj Department – Respondent
ORDER :
[Prayer in all WPs: Writ Petitions filed Under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the first respondent herein in G.O.Ms.No. 77 Rural Development (PA-4) department dated 12.07.2013 and quash the modification issued in para 4 (b) of the said G.O. insisting full time service as Panchayat clerk for the purpose of pension and consequently direct the respondents herein to count 50 % of the service rendered by the petitioner herein in the post of Panchayat Clerk during 16-03-1979 to 25-12-1990, 01.09.1979 to 26.12.1990 & 01.02.1984 to 07.03.1999 along with their regular service and sanction revised pension and pay arrears of difference in pension and other monetary benefits with due interest.]
1. The writs on hand has been instituted to quash the Government Order issued in G.O.Ms.No. 77 Rural Development Department dated 12.07.2013, and direct the respondents to count 50 percent of the services rendered by the petitioners in the post of part time panchayat clerk along with their regular services.
2. The petitioners were initially appointed as part time panchayat clerk on 16.03.1979, 01.09.1979 & 01.02
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 application of Rule 11(2) of the Pension Rules and subsequent government orders in determining pensionary benefits for part-time Panchayat Clerks.
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.
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 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....
The main legal point established in the judgment is the entitlement to count service rendered as Part Time Panchayat Assistant for grant of pension, as governed by G.O.Ms.No.99, G.O.Ms.No.77, and Rul....
The main legal point established in the judgment is the application of Rule 11(4) of the Pension Rules in the context of part-time employment and the eligibility for pensionary benefits.
The main legal point established in the judgment is that Rule 11 and Rule 11(4) of the Pension Rules are to be followed scrupulously for the purpose of counting 50% of the services rendered by the em....
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.
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
