Can temporary service be counted under Rule 11(4) of the Tamil Nadu Pension Rules only where the appointment preceded the cut-off date?
Coram: Justice S.M.Subramaniam · Justice Krishnaswamy Govindarajan
Temporary service can be counted under Rule 11(4) of the Tamil Nadu Pension Rules only where the appointment preceded the cut-off date.
Yes. Temporary service can be counted under Rule 11(4) of the Tamil Nadu Pension Rules only where the appointment preceded the cut-off date. The proviso to Rule 1(2) excludes Government servants appointed on or after 1 April 2003 from those Rules, whether temporary or permanent, so the question of counting temporary service arises only for earlier appointees. (¶12, 13)
Tamil Nadu Pension Rules, 1978 — Rule 1(2) proviso — Rule 11(4) — Old Pension Scheme — Cut-off date — Date of appointment — Tamil Nadu Pension Rules, 1978 — Rule 1(2) proviso — Cut-off date — Date of the appointment order governs — Held: The date on which the appointing authority issues the order of appointment, and not an earlier instruction to appoint, is the date reckoned for pensionary benefits. (¶5, 10) Tamil Nadu Pension Rules, 1978 — Rule 11(4) — Counting temporary service — Appointment before the cut-off date — Held further: Temporary service can be counted only where the appointment was made before the cut-off date; the 1978 Rules do not apply to a later appointee. (¶12, 13) Tamil Nadu Pension Rules, 1978 — Erroneous recital of a benefit — No right conferred — Held further: Wrong quoting of a benefit in an order of an authority confers no right and cannot supersede the Rules. Writ petition disposed of. (¶15, 17)
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