Petitioner sought writ to quash an order and direct computation of regular pension from 1967, claiming he should get pension from his 1967 daily wage joining. Respondent argued Government Order excluded such service for pension. Court upheld this exclusion.
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.
W.P.No.9273 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.10.2023
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA
W.P. No.9273 of 2020
S.Vanchi ... Petitioner /vs/ 1. The Commissioner, Mettur Municipality, Salem District - 636 40. 2. The Director, O/o. Director of Municipal Administration, Chepauk, Chennai – 600 005. 3. The District Collector, Salem District, Salem. ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the first respondent in Na.Ka.No.47/C1/2010 dated 13.01.2020 and to quash the same as illegal and to further direct the first respondent to compute the regular pension scheme from the date of the petitioner's joining.
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For Petitioner ... Ms.P.Srividhya For Respondents ... Mr. G.Nanmaran Special Government Pleader for R3 Mr.L.Maurya for R1 and R2
ORDER
This writ petition has been filed for issuance of a Writ of Certiorarified
Mandamus to call for the records of the first respondent in Na.Ka.No.47/C1/2010 dated 13.01.2020 and to quash the same as illegal and to further direct the first respondent to compute the regular pension scheme from the date when the petitioner joined duty.
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W.P.No.9273 of 2020
considering his service from the year 1967. Hence the petitioner has filed this petition seeking appropriate orders.
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should also be included for calculating his pension.
No costs.
05.10.2023
bkn
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To:
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R.N.MANJULA ,J.
bkn
W.P.No.9273 of 2020
05.10.2023
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3 issues framed by the court
Whether the previous temporary daily wage service of the petitioner should be taken into account for calculating pension though the appointment was made on a consolidated basis in accordance with a sp
Whether the High Court can quash the order of appointment contrary to the Government Order stipulating exclusion of temporary services.
Whether thefailure to challenge the Labour Commissioner's order regarding gratuity bars the petitioner from claiming pension benefits for temporary service.
S. Vanchi
The Commissioner, Mettur Municipality, Salem District
The Director, O/o. Director of Municipal Administration, Chepauk, Chennai
The District Collector, Salem District, Salem.
R.N. MANJULA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
