The petitioner challenged the rejection of his claim for pension based on pro-rated service. The Court directed counting 50% of pre-regularization service for pension and terminal benefits under Rule 11(2) of Tamil Nadu Pension Rules.
Direction to count 50% of pre-regularization service for pension and terminal benefits; submission of revised proposals.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2015
CORAM:
THE HON'BLE MR.JUSTICE D. HARIPARANTHAMAN
W.P.No.12548 of 2015
A.Murugan .. Petitioner
vs.
PRAYER : Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Certiorarified Mandamus to call for the records of the fourth respondent in proceeding No.C.1.5200/2011, dated 13.01.2012 and quash the same and direct the 1st to 4th respondents to count half of the service rendered by the petitioner from the date of joining in service as electrician i.e. on 1.02.1986 to 27.08.2007 along with regularised service rendered by the petitioner as unskilled worker from 28.08.2007 to 30.04.2011 as qualifying service and send the revised proposals to the 5th respondent to grant pension with all consequential service benefits and arrears with interest.
For Petitioner : Mr.P.Rajesh For Respondents : Mr.V.Jayaprakash Narayanan Special Govt. Pleader for RR 1 and 2 Mr.S.Kandasamy for RR3 and 4 Mr.Vijayashankar for R5
O R D E R
Heard both sides.
within a period of two weeks thereafter. No costs.
Sd/-
Assistant Registrar
True Copy
Sub Assistant Registrar
To
1. The Principal Secretary,
Municipal Administration and
Water Supply Department,
Fort St. George, Chennai - 600 009.
2. The Commissioner of Municipal Administration,
Chepauk, Chennai - 600 005.
3. The Commissioner,
Tirunelveli Municipal Corporation,
Tirunelveli.
4. The Assistant Commissioner (General),
Palayamkottai,
Tirunelveli (D.T),
5. The Principal Accountant General of T.N.,
Accounts and Entitlement,
O/o.The Accountant General,
Teynampet, Chennai - 600 018.
+1 cc to M/S.V.Vijay shankar,Advocate(sr.37755)
+1 cc to M/S.Kandasami,Advocate(sr.37601)
+1 cc to M/s.P.Rajesh,Advocate(sr.37599)
+1 cc to the Government Pleader(sr.37709)
W.P.No.12548 of 2015
UG(co)
cp 27/10/2015
2 issues framed by the court
Whether 50% of the service rendered by the petitioner before regularization should be counted for pension and terminal benefits.
Whether the impugned order rejecting the claim for half-service pension is maintainable.
Colour shows how this judgement treated each authority
Government of Tamil Nadu rep. by its Secretary to Government Vs. M.GopalRelied on¶16
W.A.Nos.27 and 28 of 2012
Hon'ble Apex Court decisionRelied on¶16
SLP Nos.14838-14839 of 2012
P. Chinniyan Vs. State of Tamil NaduRelied on¶16
(2014) 6 MLJ 316
2 provisions across 2 enactments
A. Murugan
State of Tamil Nadu
Secretary to Government, Municipal Administration and Water Supply Department
Commissioner of Municipal Administration
Commissioner, Tirunelveli Municipal Corporation
Principal Accountant General of T.N.
D. Hariparamthan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
