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N. SATHISH KUMAR
M. Manickam – Appellant
Versus
Government of Tamilnadu, Rep. By its Principal Secretary to Government, Rural Development & Panchayat Raj Department Fort St. George, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petitions have been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, or any other order or Direction, directing the Respondents to extend the benefit of orders passed by Division Bench of this Court in W.A.No.431 of 2016 dated 11.04.2016 and W.A.No.2358 of 2021 dated 16.12.2021 by counting 50% services rendered by the Petitioners in the post of part time Panchayat Clerk from 01.11.1979 to 09.02.1995; 09.03.1981 to 09.02.1995 and from 11.08.1981 respectively for the purpose of getting pension along with regular service from 10.02.1995 till 30.04.2016; 10.02.1995 to 30.06.2019 and from 10.02.1995 till 31.01.2019 rendered by the Petitioners respectively.)
1. (a) Above Writ Petitions are filed for direction to the Respondents to extend the benefit of orders passed by Division Bench of this Court in W.A.No.431 of 2016 dated 11.04.2016 and W.A.No.2358 of 2021 dated 16.12.2021 by counting 50% services rendered by the Petitioners in the post of part time Panchayat Clerks for the purpose of getting pension along with regular service rendered by them.
2. (a) It is the case of the Writ Petitioner in W.P.No.889 of 2023 that he was initially
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.
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 Rule 11(2) of the Pension Rules and the Full Bench Judgement in determining the eligibility for pensionary benefits.
Part-time service cannot be counted towards pension qualifying service as per relevant rules and judicial precedents.
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 ....
Service as part-time Village Assistant prior to 01.06.1995 cannot be counted for pension benefits, as it does not qualify under the Tamil Nadu Village Assistants Pension Rules for cadre posts.
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