TMI Blog2005 (2) TMI 834X X X X Extracts X X X X X X X X Extracts X X X X ..... granting/calculating pensionary benefits was specified as 01.05.1975/15.9.1975. The entitlement to pensionary benefits arises if they had completed ten years of qualifying government service as on that day. The validity of fixation of cut-off date as 1.5.1975/ 15.9.1975 came up for consideration before the High Court of Madras. The High Court declared the fixation of the date aforementioned as ill ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t-off date as 1.4.1982 would, in our view, be appropriate. Taking into account the aforementioned date for the purpose of assessing the requisite length of service, we direct the appellants to take steps to extend the pensionary benefits to the eligible employees. Having regard to the conduct of the respondents in seeking the remedy long after the options were exercised, we consider it just and pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut-off date is 1.4.1982 and the pensionary benefit from 1.1.1988 for the retired employees. The petitioner most respectfully accepts the said judgment, but for the remaining employees whoever have retired on or after 1.1.1988 should be eligible for pension on the date of actual retirement on attaining the age of superannuation. Certain contentions are raised on the merits, especially, in regar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued by the Government themselves contemplated such payment and in fact those who were parties to the earlier writ petitions were given that benefit. This issue cannot legitimately form the subject matter of either review or clarification. Hence the Review Petitions are dismissed with the above observations. Time for implementation of judgment is extended by four months from today. I.A. Nos. 3 a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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