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S. M. SUBRAMANIAM, C. KUMARAPPAN
Government of Tamil Nadu – Appellant
Versus
Gowramma – 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 dated 05.05.2017 made in W.P.No.1945 of 2017 and to allow the writ appeal.
The deceased husband of the respondent was initially engaged as casual labourers in the Animal Husbandry Department. Since the deceased employee completed 10 years of casual employment as on 01.01.2006, his case was considered for grant of regularisation by the Government. Accordingly, the Government issued G.O.Ms.No.134, Animal Husbandry, Dairying and Fisheries (AH.6) Department dated 12.11.2009. The said Government order stipulates that 111 casual labourers engaged in the Animal Husbandry Department are brought under the regular establishment and their services are regularised with effect from the date of the Government order. Paragraph 3 Sub Clause II of the Government order stipulates that “The regularisation of services order above shall take effect from the date of issue of this order”. Therefore, the benefit of regularisation was granted to these 111 causal labourers with effect from 12.11.2009, the date on which the Government issued order. Annexure to the Governm
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 regularized after 01.04.2003 are governed by the new contributory pension scheme, not the Tamil Nadu Pension Rules, 1978.
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.
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....
Prior service as work-charged employees must be counted towards qualifying service for pension, ensuring compliance with principles of fairness and non-discrimination.
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....
Service rendered as daily wage employees must be counted towards qualifying service for pension, ensuring equal treatment under the law.
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