The Madras High Court today advised government officials to be liberal in interpreting Tamil Nadu Pension rules and condone break of service of a few days.
Justice D Hariparanthaman stated this while allowing a petition by a teacher M Sujatha who moved court after being denied Teacher Provident scheme (pension scheme) in December 2006 on the ground there was a two-day break in service.
The judge said she had explained why she was not able to join duty the next day on medical grounds (she suffered an abortion). Officials should have condoned the break in service for two days and she should have been allowed to continue in the Teacher Provident fund account, the Judge said.
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"Past service could not be forefeited when a person was removed or re employed. The rules would make it clear that the petitioner is entitled to the benefit of condonation. When even 13 days condonation had been allowed earlier, condoning two days could be done on medical grounds," the judge said.
The petitioner submitted that she was working in an aided school till Dec 4 2006, then joined a panchayat school on Dec 7 2006. There was a two-day break in service as she had an abortion. The petitioner was told by officials of government data centre that she was not entitled to Teacher Provident scheme (old pension scheme) due to break in service.
Sujatha submited that she got the appointment order on December 2, 2006 and was directed to join duty before December 8. But she was relieved only on December 4.
Though she approached the Assitant Elementary education officer the same day, he asked her to come at 3 PM. In the meanwhile, she suffered abortion. The doctor advised her rest but even then she joined duty on December 7 and requested officials to allow her continue in the Teacher Provident account for the purpose of pension.
But the same was rejected on the ground of break in service of two days. Hence she moved court.
