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- Next story Chennai: The Madras high court has held that those government servants /employees, who are freshly appointed on or after April 1, 2003, are not entitled to pension in view of proviso to Rule 2 of Tamil Nadu Pension Rules, 1978 inserted by G.O dated August 6, 2003. The Full Bench comprising Justices R.Subbiah, P.T.Asha and C.Saravanan gave the ruling while answering the reference made to it on a batch of petitions and appeals from individual employees and state government. The Full bench said such reference came to be made by the division bench on noticing that there were two conflicting decisions rendered by the division benches of this court. In one of the judgments, it was held that persons who were absorbed and/or regularized to service after April 1, 2003 were not entitled to count half of the past service rendered by them for the purpose of conferment of pensionary benefits along with the service rendered by them after regularization. Another division bench held that such persons, whose service came to be regularized after April 1, 2003 were entitled and/or eligible to count half of the services rendered by them on daily wage basis prior to their regularization, for the purpose of conferment of pensionary benefits. Thus, this contrary view taken by two division bench of this court has led to the present reference to this Full bench, the Full bench added. The Full Bench held that those government servants/employees appointed prior to April 1, 2003 whether on temporary or permanent basis in terms of Rule 10 (a) (1) of Tamil Nadu State and Subordinate Service Rules will be entitled to get pension as per the Tamil Nadu Pension Rules, 1978. In case, a government employee/servant had also rendered service in non-provincialised service, or on consolidated pay or on honorarium or daily wage basis and if such services were regularized before April 1, 2003, half of service rendered shall be counted for the purpose of conferment of pensionary benefits, the Full Bench added. The Full Bench said those government servants who were appointed in the aforesaid four categories before the cut off date and later appointed under Rule 10 (a) (1) of Tamil Nadu State and Subordinate Service Rules and absorbed into regular service after April 1, 2003 will not be entitled to count half of their past service for the purpose of determination of qualifying service for pension. Those government servants, who were appointed in the aforesaid four categories before April 1, 2003 but were absorbed in regular service after April 1, 2003 will not be entitled to count half of their past service for the purpose of determination of qualifying service for pension, the Full Bench added.
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Recent Posts
- Quashed Mr.Justice Krishnan Ramasamy
- POCSO Act, Coimbatore is set aside. The appellant is acquitted of all the charges under Section 363 of IPC and Section 5(1), 6 of POCSO Act. The bail bond, if any executed by the appellant, shall stand cancelled. Fine amount, if any paid, shall be refunded to the appellant forthwith. 06.06.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order lok To 1.The learned Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore. 2.The Inspector of Police, Race Course Police Station, Coimbatore City, Coimbatore 3.The Public Prosecutor, Madras High Court. G.K.ILANTHIRAIYAN, J. lok Crl.A.No.151 of 2023 06.06.2025
- Will case Dr. JUSTICE G.JAYACHANDRAN Appeal Suit No.180 of 2022 & C.M.P.No.6571 of 2022
- Accordingly, these Criminal Appeals stand allowed. The conviction and sentence imposed by the learned Special Judge-cum-Chief Judicial Magistrate at Chengalpattu in in Special S.C.No.8 of 2013, vide the order, dated 19.09.2023 shall stand set aside. The fine amount, if any paid, is ordered to be refunded. 07.07.2025 Neutral Citation : yes/no grs To 1. The Special Judge-cum-Chief Judicial Magistrate, Chengalpattu. 2. The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Chennai City – I, R.A.Puram, Chennai. 3. The Public Prosecutor, High Court of Madras. D.BHARATHA CHAKRAVARTHY, J. grs Crl.A.Nos.1186 and 1131 of 2023 07.07.2025 [1] (2023) 16 SCC 141 [2] (2021) 3 SCC 687 [3] AIR 2023 SC 330 [4] (2023) 18 SCC 251 [5] (2014) 13 SCC 55
- This Writ Appeal is therefore, allowed, the order dated 0509.2024 of the learned Sessions Judge in-charge of the Special Court for Trial of Criminal Cases relating to Elected MPs / MLAs is quashed. The matter is remitted to the Presiding Officer. He shall issue notice to the petitioner, hear her objections and thereafter, decide in accordance with law without being influenced by any communication made by the High Court or by the Government. The Officer shall go strictly in terms of the provisions of the related service rules. No costs. Consequently, connected miscellaneous petitions are closed. (R.S.M., J.) (K.S., J.) 03.07.2025 kkn Internet: Yes Index: No Speaking Neutral Citation : No To:- 1.The Secretary to Government, Home (Courts-VI) Department, Fort St.George, Chennai – 9. 2.The Secretary to Government, Labour Welfare & Skill Development Department, Fort St.George, Chennai – 9. 3.The Registrar General, High Court, Madras. 4.The Sessions Judge, Special Court No.I for Trial of Criminal Cases Relating to elected MPs & MLAs of Tamil Nadu, ‘Singaravelar Maaligai’, Chennai – 1. 5.The Registrar, City Civil Court, Chennai – 1. 6.The Principal Judge, City Civil Court, Chennai. R.SUBRAMANIAN, J. and K.SURENDER, J. KKN W.P.No. 4478 of 2025 and W.M.P.Nos. 4981 & 4983 of 2025 03.07.2025
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Recent Posts
- Quashed Mr.Justice Krishnan Ramasamy
- POCSO Act, Coimbatore is set aside. The appellant is acquitted of all the charges under Section 363 of IPC and Section 5(1), 6 of POCSO Act. The bail bond, if any executed by the appellant, shall stand cancelled. Fine amount, if any paid, shall be refunded to the appellant forthwith. 06.06.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order lok To 1.The learned Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore. 2.The Inspector of Police, Race Course Police Station, Coimbatore City, Coimbatore 3.The Public Prosecutor, Madras High Court. G.K.ILANTHIRAIYAN, J. lok Crl.A.No.151 of 2023 06.06.2025
- Will case Dr. JUSTICE G.JAYACHANDRAN Appeal Suit No.180 of 2022 & C.M.P.No.6571 of 2022
- Accordingly, these Criminal Appeals stand allowed. The conviction and sentence imposed by the learned Special Judge-cum-Chief Judicial Magistrate at Chengalpattu in in Special S.C.No.8 of 2013, vide the order, dated 19.09.2023 shall stand set aside. The fine amount, if any paid, is ordered to be refunded. 07.07.2025 Neutral Citation : yes/no grs To 1. The Special Judge-cum-Chief Judicial Magistrate, Chengalpattu. 2. The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Chennai City – I, R.A.Puram, Chennai. 3. The Public Prosecutor, High Court of Madras. D.BHARATHA CHAKRAVARTHY, J. grs Crl.A.Nos.1186 and 1131 of 2023 07.07.2025 [1] (2023) 16 SCC 141 [2] (2021) 3 SCC 687 [3] AIR 2023 SC 330 [4] (2023) 18 SCC 251 [5] (2014) 13 SCC 55
- This Writ Appeal is therefore, allowed, the order dated 0509.2024 of the learned Sessions Judge in-charge of the Special Court for Trial of Criminal Cases relating to Elected MPs / MLAs is quashed. The matter is remitted to the Presiding Officer. He shall issue notice to the petitioner, hear her objections and thereafter, decide in accordance with law without being influenced by any communication made by the High Court or by the Government. The Officer shall go strictly in terms of the provisions of the related service rules. No costs. Consequently, connected miscellaneous petitions are closed. (R.S.M., J.) (K.S., J.) 03.07.2025 kkn Internet: Yes Index: No Speaking Neutral Citation : No To:- 1.The Secretary to Government, Home (Courts-VI) Department, Fort St.George, Chennai – 9. 2.The Secretary to Government, Labour Welfare & Skill Development Department, Fort St.George, Chennai – 9. 3.The Registrar General, High Court, Madras. 4.The Sessions Judge, Special Court No.I for Trial of Criminal Cases Relating to elected MPs & MLAs of Tamil Nadu, ‘Singaravelar Maaligai’, Chennai – 1. 5.The Registrar, City Civil Court, Chennai – 1. 6.The Principal Judge, City Civil Court, Chennai. R.SUBRAMANIAN, J. and K.SURENDER, J. KKN W.P.No. 4478 of 2025 and W.M.P.Nos. 4981 & 4983 of 2025 03.07.2025
