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S. M. SUBRAMANIAM
M. Arumugam – Appellant
Versus
State of Tamil Nadu Represented by its Secretary to Government, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records connected in Lr.O.Mu.Va.Ni2(2)/49506/2014 dated 17.02.2015 of the fourth respondent and quash the same insofar as the petitioners are concerned and direct the respondents to consider the claim of the petitioners and count half of service rendered prior to 01.06.1995 along with regular service for the purpose of pension and grant pension as per the revised norms and pay arrears within a reasonable time.)
Common Order
1. The petitioners were initially appointed as Village Servant on 12.06.1958, 02.02.1956 and 29.10.1962 respectively on contract basis. Admittedly, the initial appointment of the petitioners was on contract basis and their services were provincialised by the Government from 01.06.1995 onwards. The petitioners were paid regular time scale of pay with effect from 01.06.1995 and till such time, they were serving as consolidated pay employees. The petitioners were allowed to retire from service on 31.03.1997, 30.09.1996 and 28.02.1996 respectively on attaining the age of superannuation. Since the petitioners have not c
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 application of Rule 11(2) of the Pension Rules and subsequent government orders in determining pensionary benefits for part-time Panchayat Clerks.
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 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 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 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 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 that half of the past services of village assistants, regularized as of 01.06.1995, should be included for pension calculation along with their sub....
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....
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