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S. M. SUBRAMANIAM
T. Sivaraman – Appellant
Versus
Chairman, Tamil Nadu and Generation and Distribution Corporation Ltd. , Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the entire records connected with the impugned order of the rejection of pension passed by the 2nd respondent vide letter No.064447/411/G.58/G.581/2015-2 dated 11.04.2016 and quash the same and direct the respondents to absorb the petitioner on par with his junior C. Thomas w.e.f 29.04.1992, as Helper with all consequential benefits and disburse the terminal and pension benefits on account of retirement by calculating the qualified service from 25.04.1992 to 30.11.2005, and count the half of service of the petitioner from 1983 to 28.04.1992 as per (FB) TANGEDCO proceedings No.31 dated 08.09.2011.)
1. The order of rejection, rejecting the claim of the writ petitioner for his absorption on par with his junior one Mr.C.Thomas with effect from 29.04.1992 is under challenge in the present writ petition.
2. The petitioner further seeks the relief to count half of the contract services of the writ petitioner as qualifying service for the purpose of pensionary benefits.
3. The petitioner was initially joined as Contract Labourer in the year 1983. His ser
The period of services as a contract labourer cannot be counted for calculating qualifying services for grant of pension.
Absorption of contract labourers must follow established seniority based on service duration, and discrepancies in records can justify delays in absorption; insufficient qualifying service precludes ....
Permanent absorption of contract labourers is a concession and cannot be claimed as a matter of right. The eligibility for permanent absorption is determined based on specific criteria outlined in th....
Appointment on the basis of absorption is impermissible and acquittal in a criminal case does not confer the right to claim absorption with retrospective effect.
Absorption of contract labour on an 'as-is-where-is' basis excludes claims for prior service benefits; delay and laches bar belated attempts to assert such claims.
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