Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.M.SUBRAMANIAM, A.D.MARIA CLETE, JJ
Commissioner, Hindu Religious and Charitable Endowments Department – Appellant
Versus
N.Kannan (died) – Respondent
| Table of Content |
|---|
| 1. challenge of writ order regarding employee absorption and service benefit. (Para 3 , 4 , 5 , 6) |
| 2. details of related government orders on employee absorption. (Para 7 , 8) |
| 3. acceptance of service conditions binds both employer and employee. (Para 10 , 11) |
| 4. final orders regarding entitlement to benefits. (Para 12 , 13 , 14) |
JUDGMENT :
S.M.SUBRAMANIAM, J.
The Writ Order dated 18.01.2019 passed in W.P(MD)No.10396 of 2015 is under challenge in the present intra-court appeal.
2. The State is the appellant herein.
3. Pending the Writ Appeal, the first respondent died and his legal heirs were brought on record as respondents 4 to 7 in the Writ Appeal.
4. The deceased first respondent was appointed as a Junior Assistant on 01.07.1984 in the Tamil Nadu State Construction Corporation Limited, Chennai, a public sector undertaking. He completed his probation period and was promoted to the post of Assistant Grade on 14.05.2003. He was upgraded to the post of Selection Grade Assistant on 28.02.2005. He was subsequently absorbed as a contract employee in the Hindu Religious and Charitable Department (in short hereinafter referred to as 'the HR & CE Department') in view of the fact t
The court affirmed that employees permanently absorbed under specific conditions in government employment cannot claim benefits beyond those stipulated in their absorption terms.
Points of law : Payment of lump sum amount to persons on absorption in or under a corporation, company or body.- (1) Where a government servant referred to in Rule 37 elects alternative of receiving ....
Engagement by a private contractor cannot be a source for permanent absorption in a Government sector, as it would violate the Constitutional scheme of recruitments and the principles of equal opport....
Absorption of contract labour on an 'as-is-where-is' basis excludes claims for prior service benefits; delay and laches bar belated attempts to assert such claims.
The court upheld that a petitioner’s past service could be counted towards pension benefits under the CCS (Pension) Rules where explicit conditions of absorption allowed for such recognition.
The court reaffirmed the right to equitable treatment in employment, necessitating the re-evaluation of absorption-related pay and benefits for employees absorbed under the U.P. Absorption Rules.
Pension – Pension scheme(s) floated by State Government form a part of delegated beneficial legislation and ought to be interpreted widely subject to such interpretation not running contrary to expre....
Absence of prior permanent status disqualifies entitlement to pension under the Assam Services (Pension) Rules, despite permanent absorption in a non-pensionable establishment.
Only State Government employees can count half of their service for pension eligibility under the Tamil Nadu Pension Rules, 1978, excluding employees from Public Sector Undertakings.
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
