Wednesday, December 4, 2019

Govt employees denied pension get HC relief

Eligible For Benefits If Service Regularized By April 1, 2003: Court

TIMES NEWS NETWORK

Chennai:4.12.2019

A full bench of the Madras high court on Tuesday clarified that those employed by the state government under non-provincialised service, consolidated pay, honorarium or daily wage basis and whose services were regularised before April 1, 2003, are entitled to pensionary benefits.

Half of the service they had rendered before regularisation is to be counted for conferment of pensionary benefits, a full bench of Justice R Subbiah, Justice P T Asha and Justice C Saravanan said.

The issue pertains to a batch of pleas moved by such employees who were denied pension by the state which cited a government order dated August 6, 2003. The GO denied pension to those employees appointed after April 1, 2003.

Since two division benches of the high court gave conflicting orders on the eligibility of such employees in getting pension benefits, the chief justice of the court referred the matter to the full bench. When pronouncing the order on Tuesday, the bench clarified that those employees who were hired on temporary basis and regularised after April 1, 2003, would not be eligible for state government pension scheme.

Since 1980, several people were employed on a daily wage basis in various departments of the state. These employees joined service under the belief that their services will eventually be regularised by the government and that they could be inducted into the permanent rolls of the government. A section of these employees could get their service regularised, but at the time of regularisation they had very little left in terms of period of service . Hence, after retirement from the cadre post, they could not get pension as they did not have the minimum qualifying years of service for grant of pension.

The issue pertains to a batch of pleas moved by employees who were denied pension by the state which cited a government order dated August 6, 2003

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