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T. RAJA, D. KRISHNAKUMAR
Management of Tamil Nadu Transport Corporation (Kumbakonam) Ltd. , Represented by its Managing Director, Kumbakonam – Appellant
Versus
P. Perumal (Died) – Respondent
JUDGMENT
(Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 10.01.2022 passed by this Court in W.P.(MD)No.3037 of 2014.)
T.RAJA, ACJ.
1. This Writ Appeal is directed against the impugned order dated 10.01.2022 passed by the learned Single Judge in W.P.(MD)No.3037 of 2014, accepting the case of the writ petitioner viz., Perumal (died) that he is eligible to get pension as he was put in qualifying pensionable service viz., 9 years and 8 months, which has been rounded off to 10 years as per Rule 13(a) of Tamil Nadu State Transport Corporation Employees Pension Fund Rules, which is given as under:
“13.DETERMINATION OF ELIGIBLE SERVICE
The eligible service shall be determined as follows:
(a) In the case of a “New Entrant” entering into service on or after 01.09.1998, the “actual service” shall be treated as eligible service. The total actual service shall be rounded off Page 2 of 9 to the nearest year. The fraction of service for six months or more shall be treated as one year and the service less than six months shall be ignored.”
2. Heard the parties on both sides.
3. Writ Petitioner joined in the service of the Appell
The central legal point established in the judgment is the interpretation and application of Rule 13(a) of the Tamil Nadu State Transport Corporation Employees Pension Fund Rules in determining eligi....
The central legal point established in the judgment is the interpretation of the Pension Trust Rules to determine the eligibility for pension based on the calculation of pensionable service.
A petitioner is not entitled to pension as his accumulated service does not meet the required 10 years qualifying service, reaffirming the pension rules limiting recognition of temporary service to 5....
The rights of the employees were considered to be crystallized as per the Supreme Court judgment and the Tamil Nadu Pension Rules, and the court declined to expand the scope of the policy, citing pot....
Only State Government employees can count half of their service for pension eligibility under the Tamil Nadu Pension Rules, 1978, excluding employees from Public Sector Undertakings.
The main legal point established in the judgment is that only regular employees in the regular roll are eligible for availing the benefit of the Pension Fund Scheme, and temporary services of consoli....
Important point:The benefit of counting period of break will be allowed in cases where the break was due to reduction of staff strength of the institution. Apparently, this is a case in which petitio....
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