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C. V. KARTHIKEYAN
V. Nagarajan – Appellant
Versus
Principal Secretary to Government Rural Development & Panchayats Department Chennai – Respondent
JUDGMENT
(Prayer: - Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records relating to the impugned order of the 2nd respondent in PO3/10315376/R0315376 dated 26.08.2015 and quash the same and direct the respondents to count the service rendered by the petitioner in the post of panchayat Clerk/Panchayat Assistant from 07.01.1983 to 28.12.1990 as qualifying service for pension and revise his pension and other retirement benefits accordingly.)
(1) The writ petition has been filed in the nature of certiorarified mandamus seeking interference with the order of the 2nd respondent, Principal Accountant General [Accounts and Entitlements], Chennai, dated 26.8.2015 in PO3/1315376/3/R0315376 and to direct the respondents to also take into consideration the services rendered by the petitioner in the post of Part Time Panchayat Assistant between 07.01.1983 and 28.12.1990 as qualifying service for pension and consequently, to revise his pension and other retirement benefits.
(2) The petitioner who has retired from service on attaining the age of superannuation, had been originally appointed as Part Time
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 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.
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 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 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 half of the past services of village assistants, regularized as of 01.06.1995, should be included for pension calculation along with their sub....
Part-time service cannot be counted towards pension qualifying service as per relevant rules and judicial precedents.
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