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R. N. MANJULA
C. Kalavathy – Appellant
Versus
State of Tamil Nadu – Respondent
JUDGMENT :
(Prayer in W.P.No.12033/2020: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of Mandamus, directing the respondents to consider the claims of the petitioner for granting family pension as per the Rule 49 of the Pension Rules and grant family pension based on the basic pay of the deceased husband and grant all consequential benefits including the death benefits with effect from 2001 onwards. :In W.P.No.19550/2020 Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of Certiorarified Mandamus, calling for the records connected in Ref.Al/37/2018, dated 23.04.2018 of the 3rd respondent, and quash the same and direct the respondents to count the petitioner's husband past service from 23.04.1984 to 31.05.1995 along with regular service from 01.06.1995 to 06.08.2001 for the purpose of family pension and grant family pension and pay arrears to the petitioner.)
1. Since the petitioner in both the Writ Petitions is one and the same, these Writ Petitions were heard together and disposed by this common order.
2. Heard Mr.A.R.Suresh, learned counsel for the petitioner and Mr.R.Kumaravel, learned Additional Governm
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....
The court ruled that past service of Village Assistants can be counted for pension calculation, emphasizing that each case must be evaluated on its own merits without relying on previous illegal orde....
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.
Part-time employment cannot be considered for pension calculation under applicable service rules, regardless of past incorrect orders granting such benefits to others.
The court ruled that prior part-time service of Village Assistants cannot be counted for pension calculations under the Tamil Nadu Village Assistants' Pension Rules, affirming the principle that erro....
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 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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