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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.VINOD KUMAR
P. Raju – Appellant
Versus
Government of Tamil Nadu, Rep., by its Secretary, Transport Department – Respondent
| Table of Content |
|---|
| 1. background of the pension claim (Para 1 , 2) |
| 2. respondent's counterarguments on service calculation (Para 4) |
ORDER :
T. Vinod Kumar, J.
Heard the learned counsel for the petitioner, the learned Special Government Pleader appearing for respondents 1 and 2 and the learned Standing Counsel for the 3rd respondent and perused the records.
2. The case of the petitioner, in brief, is that he had joined the service of the erstwhile Transport Department as a Conductor on 19.11.1971; that his services were made permanent and he was brought into time scale of pay with effect from 01.12.1972; and that pursuant to a policy decision taken by the 1st respondent, he was sent on deputation to the 3rd respondent Corporation.
2.1. It is the further case of the petitioner that while he was deputed to the 3rd respondent Corporation, the Government had approved pension for the erstwhile employees of the Transport Department from the date of absorption; that the aforesaid issue was the subject matter of consideration before the Hon’ble Supreme Court and that the Hon’ble Supreme Court, by judgment reported in 2003 (10) SCC 503, held that the cut-off date for absorption of employees of the er
A petitioner is not entitled to pension as his accumulated service does not meet the required 10 years qualifying service, reaffirming the pension rules limiting recognition of temporary service to 5....
Point of Law : A person cannot be deprived of this pension without the authority of law, which is the Constitutional mandate enshrined in Article 300 A of the Constitution.
Temporary service against substantive government post, continued without interruption or repatriation beyond limited secondment period, counts fully as qualifying service for pension under CCS Pensio....
Entitlement to family pension under the Tamil Nadu State Transport Corporation Employee's Pension Rules/Schemes, 1998 is determined based on the date of regular employment or becoming a member of the....
The main legal point established in the judgment is that the entire length of service from the date of initial appointment should be considered for the purposes of fixation of pensionary benefits.
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