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S. M. SUBRAMANIAM, C. KUMARAPPAN
Director, Local Fund Audit – Appellant
Versus
A. Chandrasekaran – Respondent
JUDGMENT :
S.M.SUBRAMANIAM, J.
Prayer : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 09.07.2020 passed in W.P.No.18921 of 2013 and allow the writ appeal.
The issue primarily raised in the present writ appeal is, whether half of the service rendered by the employees in the Public Sector Undertaking Company is to be reckoned as qualifying service for grant of pension under the Tamil Nadu Pension Rules, 1978.
2. The facts in nutshell would reveal that the 1st respondent was initially served in Tamil Nadu Steels Limited, a company registered under the Companies Act and owned by the Government of Tamil Nadu.
3. It is not in dispute that the Labour Laws are applied for the employees served in Tamil Nadu Steels Limited. Accordingly, admissible Employment Provident Fund (EPF), Gratuity amount are settled based on the Statutes and Rules applicable to company. The company was closed. Closure compensation had been settled in favour of the employees. Thereafter, the 1st respondent was appointed in Kanchipuram Municipality as Junior Assistant and retired from service.
4. It is not disputed that the 1st respondent served 9 years, 5 months and 5 days in Kanchipuram M
The central legal point established in the judgment is the interpretation and application of Rule 13(a) of the Tamil Nadu State Transport Corporation Employees Pension Fund Rules in determining eligi....
The main legal point established in the judgment is the application of Rule 11(4) of the Pension Rules in the context of part-time employment and the eligibility for pensionary benefits.
The main legal point established in the judgment is that the constitutionality of a relevant rule must be challenged for the principle of reading down to be applicable.
The main legal point established in the judgment is that Rule 11 and Rule 11(4) of the Pension Rules are to be followed scrupulously for the purpose of counting 50% of the services rendered by the em....
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....
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....
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