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N. SESHASAYEE, P. VADAMALAI
S. Manickam – Appellant
Versus
Principle Secretary to Government, Finance (Pay Cell) Department – Respondent
JUDGMENT :
P. VADAMALAI, J.
Prayer: Writ Appeal is filed under Clause 15 of Letter Patent, to set aside the order of this Court made in W.P. (MD) No. 22871 of 2018, dated 23.11.2018.
1. This Writ Appeal is preferred by the petitioner in W.P. (MD) No. 22871 of 2018 challenging the order, dated 23.11.2018 passed by the learned Single Judge of this Court dismissing the Writ Petition.
2. The facts are minimal and they are stated as below:
The court established that pension fixation must comply with the relevant Office Memorandums and rules, affirming that pension is a right and must be calculated based on the correct interpretation of....
Pension is not a bounty but a recompense for long years of service, and the date from which the pensioner shall be entitled to the benefit of revision cannot be arbitrarily determined by the employer....
The court ruled that all pensioners, regardless of retirement date, are entitled to pension revisions, upholding equal treatment principles.
(1) A clarificatory order cannot be permitted to override an order having statutory strength.(2) Pension – Once appellants migrate into Rules guiding other State Government employees, appellants’ ser....
Pension entitlement is governed by existing rules, and any revisions depend on state policy, not individual claims based on service length.
The legal principle established is that pension revisions must be considered in a timely manner as per applicable government orders, and failure to do so can result in judicial intervention to enforc....
Pension for UGC scale teachers must be calculated based on revised pay from the date of retirement, not delayed by government policy.
Pensioners retiring before 01.01.2006 are not entitled to benefits applicable to later retirees; pension must not be lower than 50% of minimum pay in the pay band.
The statutory force of rules, impermissibility of creating two classes of pensioners, and the discriminatory nature of the classification were the central legal points established in the judgment.
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