D.Sudhakar, v. the Secretary to Government
Case brief
What is this about?
Counting of prior recognised/private (unaided matriculation) school service for pay fixation and pensionary benefits denied; Tamil Nadu Pension Rules, 1978 Rule 1(2) proviso excluding Government servants appointed on or after 01.04.2003; G.O(Ms) No.37 Education (05.01.1983), G.O(Ms) No.143 Education (30.01.1987), G.O.(Ms) No.285 (12.03.1991), G.O(Ms) No.18 (09.01.1997), G.O(Ms) No.314 School Education (12.12.2012); Writ of Certiorarified Mandamus; WP(MD) dismissed, no costs; Madurai Bench, Madras High Court; single judge M. Jothiraman; precedents referred: WA.No.1267 of 2014 (S. Veerabadran), WP(MD).No.20326 of 2013 (K. Pitchai); Teachers' Recruitment Board PG Assistant (Economics) 2011-12.
What did the court decide?
Rule 1(2) of the Tamil Nadu Pension Rules, 1978 (with its proviso) renders the Rules inapplicable to Government servants appointed on or after 01.04.2003; since the petitioner joined Government service only on 02.01.2013, he cannot claim the service rendered before joining Government service by relying on the various Government Orders.