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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice BATTU DEVANAND
S. Sornam – Appellant
Versus
Government of Tamilnadu, represented by the Secretary to the Government, Finance (Pay Cell) Department – Respondent
| Table of Content |
|---|
| 1. revision of pension methodology. (Para 1 , 2 , 3 , 4) |
| 2. counterarguments on employment nature. (Para 5 , 6 , 7 , 8) |
| 3. nature of appointment recognized. (Para 9 , 10 , 11 , 12 , 13) |
| 4. rights under pension rules determined. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. consistency in pay and pension revisions. (Para 25 , 26 , 27 , 28 , 29) |
| 6. conclusion in favor of petitioners. (Para 30 , 31) |
ORDER :
(BATTU DEVANAND, J.)
These Writ Petitions have been filed to quash the impugned order of the first respondent in G.O.Ms.No.314, Finance (Pay Cell) Department dated 25.10.2017 and direct the respondents to revise the pension and family pension of the petitioners by adopting the same methodology as adopted for the employees on time scale of pay prescribed in G.O.Ms.No.313, Finance (Pay Cell) Department, dated 25.10.2017 and give notional effect from 01.01.2016 or date of entitlement to pension/family pension whichever is later with monetary benefit from 01.10.2017 and to grant all consequential benefits.
2. The brief facts as per the averments made in the affidavit of the Writ Petitions:
i) The petitioners are retired Noon Meal Organisers/Anganwadi Workers, Chi
Pension revisions for special time scale employees must follow the same methodology as regular time scale employees to ensure equality under Articles 14 and 16 of the Constitution.
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.
It is a well settled principle of law that statutory rules cannot be altered or amended by executive orders or circulars or instructions nor can they replace the statutory rules. The rules made under....
Pension entitlement is governed by existing rules, and any revisions depend on state policy, not individual claims based on service length.
Honorary service as Anganwadi worker under scheme not qualifying for pension as non-government, non-substantive civil post service in non-pensionable establishment; courts cannot direct policy to cou....
(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....
The main legal point established in the judgment is the need to follow Rule 11(2) of the Pension Rules and the Full Bench Judgement in determining the eligibility for pensionary benefits.
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