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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
G. Vijayakumari, W/o V.Azhagesan (Late) – Appellant
Versus
State of Tamil Nadu, Rep. By its Principal Secretary To Government School Education Department – Respondent
| Table of Content |
|---|
| 1. pension entitlement based on service continuity. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments for retroactive pension eligibility. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 3. respondent's counterarguments against pension claims. (Para 16 , 17 , 18 , 19) |
| 4. analysis of relevant legal standards for pension claims. (Para 21 , 22 , 23 , 25 , 26 , 27) |
| 5. court's reasoning for affirming pension rights. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 6. final ruling on pension eligibility. (Para 36) |
ORDER :
M.DHANDAPANI, J.
Challenging the impugned order in and by which the claim for old pension scheme was rejected by the 5th respondent, the present writ petition filed by the petitioner.
2. It is the case of the petitioner that her husband was appointed as Secondary Grade Assistant with graduate qualification in Government Aided School, Panangattangudi, Elathur Post, Sirkali Taluk on 09.03.1998. The petitioner was appointed with graduate qualification in the absence of D.T.Ed. qualified hands. It is the further case of the petitioner that the school in which the petitioner’s husband was employed was taken over by the Government and renamed as Panchayat Union Middle School, Panagatta
A teacher's continuous service before the cut-off date of 1.4.2003 qualifies for old pension benefits despite later regularization, affirming the principle of service continuity.
Pension scheme - Deduction of monthly salary - since the Petitioner No. 1 had been appointed prior to 1st November, 2005 and occupied a part time fully aided post i.e. receiving 100% grant-in-aid fro....
The option to continue the old pension scheme should be extended to those who participated in the selection process before the crucial date but received appointment letters after that date. Retrospec....
Employees appointed prior to 1st November, 2005 in fully aided educational institutions are entitled to the old pension scheme, irrespective of whether they were appointed on a part-time or full-time....
The date of approval of appointment cannot be construed as the relevant date for considering the applicability of the pension scheme, and it is the original date of appointment that matters for deter....
Pre-01.11.2005 appointees in non-grant divisions of 100% grant-in-aid schools entitled to old pension scheme, not DCPS/NPS unless opted; Court bound by precedent, mandates immediate benefits and refu....
The court affirmed that an employee appointed before the New Pension Scheme is entitled to benefits under the Old Pension Scheme, regardless of any undertaking given under duress.
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