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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
MR.JUSTICE BATTU DEVANAND, J
C.Markandan – Appellant
Versus
District Collector – Respondent
ORDER :
Battu Devanand, J.
This writ petition has been filed to quash the proceedings issued by the fourth respondent vide his letter in Na.Ka. No.2069/2019/A1 dated 09.02.2023 in so far as not regularizing his service for the period from 01.02.2018 to 18.03.2019 in the light of judgment passed by this Honble High Court in WA (MD) No.147 of 2019 dated 05.03.2019 and for a consequential direction to the respondents to grant retirement benefits along with interest within a stipulated time fixed by this Court.
2. The brief facts that are necessary for the disposal of this writ petition are as follows:
(i) The petitioner was appointed as Village Thalaiyari as per the order of the fourth respondent dated 17.03.1983 and he joined as Village Thalaiyari of Muthu Nagaiahapuram on 20.03.1983. The petitioner produced the school Transfer Certificate to the concerned authorities to show that his date of birth as 23.03.1961. But in his Service Register, his date of birth has been recorded as 28.01.1958 instead of 23.03.1961. It is the contention of the petitioner that this error or mistake came to his knowledge only in the year 2015. Immediately thereafter, the petitioner submitted a representation
The principle of 'no work no pay' is not absolute; an employee wrongfully denied work is entitled to benefits.
The 'no work, no pay' principle should be applied in service jurisprudence, and retrospective punishment orders are not in accordance with the law.
An employer cannot dispute an employee's recorded birth date post-retirement to deny service benefits, affirming that such objections constitute negligence.
Prolonged unauthorized absence from service results in salary forfeiture beyond three years prior to filing a writ petition, while pensionary rights are preserved post-superannuation.
An employee's prior daily wage service is to be included in qualifying service for pension eligibility, despite the date of regularization, per recent amendments to service rules.
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