NDLI: K.anbazhagan & Anr. Vs. The Registrar General High Court of Madras & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service law – Judicial Service
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service law – Judicial Service – Ad-hoc appointees, if entitledto pension and other retiral benefits – Appellants appointed asAdditional District and Sessions Judge (Fast Track Courts) fromthe Bar on ad-hoc basis – They were eventually relieved – Writpetitions filed by appellants for grant of pension and other retiralbenefits, dismissed – Held: Appellants were appointed in the Judicialestablishment of the district and were part of the Subordinate Courtsunder the control of the High Court – Payment of salary to theappellants were made from same sources by which other AdditionalDistrict Judges and other Judicial Officers of the State were beingpaid – There is no indication that the appellants were appointed onany different establishment than the Judicial establishment of theDistrict – Appointment of appellants was in ‘pensionableestablishment’ – Notification inviting applications never mentionedthat it was a contractual appointment – Mere fact that theadvertisement as well as the appointment was made initially for aperiod of five years, the nature of appointment of the appellantscannot be termed as contractual appointment– In servicejurisprudence there is distinction between ad-hoc appointment andcontract appointment, and both the expressions cannot be usedinterchangeably – In view of the fact that the advertisement limitedthe appointment for a period of five years only, the appointment ofthe appellants at best can be said as “Tenure appointment”– All theappellants have qualifying service of more than ten years as requiredfor grant of pension – High Court fell in error in rejecting their claimof pension – Further, appellants are also entitled for gratuity which may becomputed in accordance with 1978 Rules – Appellants were alsoentitled for encashment of leave subject to a maximum of 240 days -Judgment of the High Court set aside – Tamil Nadu Pension Rules, 1978 –rr.2, 3, 11, 21, 42, 43, 45 and 78 – Tamil Nadu Leave Rules, 1933 – r.7. Service law – Judicial Service – Appointments – Contractual,Ad-hoc and Tenure Appointments – Explained – Fundamental Rulesof the Tamil Nadu Government – Fundamental Rule 9(30-A).
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2018 INSC 697
Petitioner	K.anbazhagan & Anr.
Respondent	The Registrar General High Court Of Madras & Anr.
SCR	[2018] 10 S.C.R. 810
Judgement Date	2018-08-13
Case Number	8216-17

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