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R. N. MANJULA
R. Sabapathy – Appellant
Versus
Secretary to Government of Tamilnadu, Finance Department, Chennai – Respondent
JUDGMENT :
(Prayers in WP.No.18734 of 2020: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus against the respondents to count the petitioner's half of the past services rendered by him in the post of Village Head Man from 01.08.1974 to 14.11.1980 (i.e., 6 years 3 months and 13 days) and to revise the pension and pensionary benefits along with arrears.
In WP.No.18738 of 2020: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus against the respondents to count the petitioner's half of the past services rendered by him in the post of Village Head Man from 01.04.1976 to 14.11.1980 (i.e., 4 years 7 months and 14 days) and to revise the pension and pensionary benefits along with arrears.
In WP.No.18582 of 2020: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus against the respondents to take into account the entire period of service of petitioners from the date of their initial appointment as temporary Thalayaris/Village Assistants until 31.05.1995 followed by regularisation of such service from 01.06.1995 till the date of retirement as V.A.Os (Vi
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.
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.
Part-time employment cannot be considered for pension calculation under applicable service rules, regardless of past incorrect orders granting such benefits to others.
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.
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