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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MS.JUSTICE R.N.MANJULA, J
S.Rajagopal – Appellant
Versus
Secretary / General Manager, Tamil Nadu Water Supply and Drainage Board – Respondent
ORDER :
R.N.Manjula, J.
This Writ Petition has been filed to call for the records relating to the impugned order of the first respondent in Letter No.B3/18649/Tha.A/OP dated 22.07.2016 and quash the same and direct the respondents to revise the petitioner's pension in accordance with the pay fixation made by the second respondent in Proc.No.F.Rajagopal(Retd)/EA/2013/dt.11.03.2013 and grant him all consequential benefits.
2. Heard Mr.P.Manojkumar, learned counsel for the petitioner, Mr.Krishna Ravindran, learned counsel for the respondents and perused the materials available on record.
3. The petitioner retired from service as an Assistant Driller in Tamil Nadu Water Supply and Drainage Board, Maintenance Division, Thiruvannamalai on 31.08.2007. He was initially appointed as NMR as a daily rated employee and brought in the regular establishment with effect from 01.01.1981 on his completion of 480 days of service. He was awarded with selection grade with effect from 01.01.1991 on completion of 10 years of service and special grade with effect from 01.01.2001 on his completion of 20 years of service.
4. As per the board proceedings No.547 dated 04.12.1997, it was ordered that the post of R
Service rendered prior to post merger must be counted for pension benefits, ensuring equitable treatment in pay fixation.
Service in an upgraded post must include prior service in the equivalent post for selection grade benefits.
The court affirmed that selection grades should follow government orders even when promotional posts are declared extinct, emphasizing adherence to established criteria for financial upgrading.
The main legal point established in the judgment is the entitlement of employees to service benefits based on their total service, and the principle of extending benefits to similarly placed employee....
The main legal point established in the judgment is that the effective date for counting service for selection grade is the date of regularization in the cadre/service in accordance with the relevant....
The main legal point established in the judgment is that entitlement to selection grade and special grade is subject to completion of requisite years of service, and recovery orders issued within one....
Teachers promoted as Primary School Headmasters after 01.06.1988 are entitled to receive monetary benefits based on their earlier service as Secondary Grade Teachers, as per the judgment in S.Chandra....
The concept of granting selection grade and special grade should not be tampered with and that teachers are either eligible for promotion or for Selection/Special Grade, not both.
Entitlement to service benefits and post-retiral benefits is determined based on the service record, consideration of penalty orders, and timely implementation of entitlements.
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