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S. M. SUBRAMANIAM, N. SENTHILKUMAR
State of Tamil Nadu – Appellant
Versus
P. Subramani – Respondent
JUDGMENT :
[Judgment was delivered by S.M.SUBRAMANIAM, J.]
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed in W.P.No.1122 of 2013 dated 11.11.2013 and allow the present writ appeal.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed in W.P.No.25279 of 2013 dated 11.11.2013 and allow the present writ appeal.
The Intra-Court Appeals on hand have been instituted challenging the common order dated 11.11.2013 passed in the writ petitions.
2. The undisputed facts between the parties are that the respondents were initially appointed as temporary Plot Watchers and considering their length of service as temporary employees, the Government formulated a scheme for regularisation of these temporary employees and consequently their services are regularised with effect from 09.07.2012 and 12.07.2012 respectively in sanctioned post of Plot Watcher in the time scale of pay.
3. It is not in dispute that the initial appointment of the respondents were made not in a sanctioned post, but on temporary basis. Therefore, the initial appointment of the respondents were not under pensionable establishment under the provisions of the
Employees regularized after 01.04.2003 are governed by the new contributory pension scheme, not the Tamil Nadu Pension Rules, 1978.
Employees whose services are regularized after the cut-off date of 01.04.2003 are not entitled to benefits under the Tamil Nadu Pension Rules, 1978, and fall under the new Contributory Pension Scheme....
The regularisation of services for casual labourers under the Tamil Nadu Pension Rules, 1978, is contingent upon the date of regularisation, which determines eligibility for pension schemes.
Employees eligible for regularization prior to a specific cutoff date may count previous service, despite delayed regularization, toward pension benefits under the relevant pension rules.
Temporary services to be considered for 50% of the service for pension benefits, while regular services to be taken into consideration for the remaining 50% as per Rule 11 of the Tamil Nadu Pension R....
Eligibility for counting temporary service towards pension benefits is contingent on employment type and timing of regularization under applicable pension rules.
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