Does wrong quoting of a benefit in an order of an authority confer a right that supersedes the service rules?
Coram: Justice S.M.Subramaniam · Justice Krishnaswamy Govindarajan
Wrong quoting of a benefit in an order of an authority confers no right and cannot supersede the service rules.
No. Wrong quoting of a benefit in an order of an authority confers no right and cannot supersede the service rules. An erroneous order or an erroneous decision taken in an individual case cannot supersede the provisions of law governing the Pension Scheme, which are unambiguous. (¶15)
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)
Headnote
You've used your free headnotes this month
The answer above and the Court's own paragraphs stay free. LexStreak's full headnote on this judgment needs an account — a free one opens it again.
Create my free accountOne judgment a day. That's the whole habit.
Read the full text of TMT.M.UMA MAHESWARI v. THE REGISTRAR GENERAL — and get the Madras High Court's output as a five-minute daily read, with plain-language headnotes and the questions each judgment settles.
Create my free accountFree forever plan · 30 seconds · data stays in India