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S. M. SUBRAMANIAM
G. Krishnan – Appellant
Versus
Secretary to Government of Tamil Nadu, Finance Department (Pension), Fort St. George, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent pertaining to the letter Pen 26/5/R 2606014/pt 7358/13-14/136331 dated 19.12.2013, quash the same and to direct the respondents to count the petitioner's half of the past services rendered by him in the post of Village Karnam from 01.08.1973 to 14.11.1980 (i.e., 3 years 1 months and 22 days) and to revise the pension and pensionary benefits along with arrears.)
1. The order of rejection, rejecting the claim of the writ petitioner for counting 50% of the services rendered by him as Village Karnam, is under challenge in the present Writ Petition.
2. The petitioner was appointed as Village Karnam in the erstwhile Administrative Service on 01.08.1973 in Perumangalam Village. He continued till the abolition of the said post on 14.11.1980. Thereafter, the petitioner was directly re-appointed as Village Administrative Officer and he retired from service on 30.04.2011. The petitioner is a pensioner and he is now receiving pension.
3. The grievance of the petitioner is that 50% of his services rendered in the post
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....
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 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.
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....
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....
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