Is the date of the appointment order, and not an earlier instruction, reckoned for pensionary benefits?
Coram: Justice S.M.Subramaniam · Justice Krishnaswamy Govindarajan
The date of the appointment order issued by the appointing authority, and not an earlier instruction, is reckoned for pensionary benefits.
Yes. The date of the appointment order issued by the appointing authority, and not an earlier instruction, is reckoned for pensionary benefits. Mere instructions issued to an appointing authority confer no right on a candidate to claim appointment; the issuance of the appointment order alone confers that right, and the date of appointment is taken into consideration for extending service benefits including pensionary benefits. (¶5, 10)
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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