Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SURESH KUMAR, N.SENTHILKUMAR
Government of Tamil Nadu, Represented by its Principal Secretary to Government, Rural Development and Panchayat Raj Department – Appellant
Versus
S.Thangaraj, Block Development Officer (Retired) – Respondent
JUDGMENT :
R.SURESH KUMAR, J.
This intra-Court appeal has been directed against the order dated 05.10.2023 made in W.P.No.28732 of 2023.
2. The first respondent was the writ petitioner who was appointed as Part-time Panchayat Clerk with effect from 16.08.1983 at Kovilampakkam Panchayat Union. Thereafter, the post of Part-time Panchayat Clerk is re-designated as Panchayat Assistant with effect from 01.01.1991. In the meanwhile, on 31.12.1990, his service had been regularised and has been made as a Full-time employee in the year 1999 and he has been absorbed as Junior Assistant with effect from 25.09.1999. After rendering service for long years, he retired from service on superannuation on 31.01.2023.
3. After retirement, when he approached the employer for getting pension by calculating his whole service including 50% of service when he was Part-time employee between 16.08.1983 and 31.12.1990 was sought to be calculated as a combined service for the pensionary benefits, that was not considered.
4. Therefore, seeking a writ of mandamus, the first respondent / writ petitioner had approached the writ Court by filing the said writ petition.
5. The writ Court having considered the factual matr
The main legal point established in the judgment is that the phrase 'job involving whole time employment' in Rule 11(4) of the Tamil Nadu Pension Rules should be interpreted broadly to include part-t....
The application of Rule 11(2) of the Pension Rules and subsequent government orders in determining pensionary benefits for part-time Panchayat Clerks.
Article 14 of the Constitution is not meant to perpetuate illegality or fraud, and if an illegality or irregularity has been committed in favor of any individual or a group of individuals, others can....
Part-time service cannot be counted towards pension qualifying service as per relevant rules and judicial precedents.
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.
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
