Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, R.POORNIMA, JJ
Principal Secretary, Revenue Department, Chennai – Appellant
Versus
S. Muthiah – Respondent
JUDGMENT :
G.R. SWAMINATHAN, J.
1. Heard both sides.
2. The writ petitioners were appointed as Thalayari / Village Assistant originally. They were working on consolidated pay. Vide G.O. (Ms)No.625 dated 06.07.1995, their services as Village Assistants came to be regularised with effect from 01.06.1995. The writ petitioners subsequently retired from service on their reaching the age of superannuation. They contended that while computing their pensionary benefits, 50% of service put in by them as Thalayari during the period prior to 01.06.1995 must be counted along with the regular service put in by them. They wanted revised pensionary proposals to be sent and sanctioned. The writ petitions were allowed by the orders impugned in these writ appeals. Questioning the same, these intra-court appeals have been filed.
3. The learned counsel for the writ petitioners vehemently contended that orders passed by the learned Single Judges do not deserve to be interfered with. He pointed out that the learned Single Judges have merely followed the earlier orders passed by various Single Judge Benches and Hon'ble Division Benches. According to him, the fundamental principle of equity would be egregious
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....
Part-time employment cannot be considered for pension calculation under applicable service rules, regardless of past incorrect orders granting such benefits to others.
The court ruled that past service of Village Assistants can be counted for pension calculation, emphasizing that each case must be evaluated on its own merits without relying on previous illegal orde....
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.
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 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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
