WP.8055/2015 - Tmt.B.Vallipavai, B.Sc.B.Ed., Vs. The State of Tamil Nadu, Dated : 11/07/2023 - Hon`ble Mr Justice G.K.ILANTHIRAIYAN ...
The retrospective amendment / change affecting the vested or accrued rights of employees, adversely affecting their pension, was declared to be invalid as held by the Hon'ble Supreme Court of India in the case of Chairman, Railway Board and Ors Vs. C.R.Rangadhamaiah and Ors. reported in 1997 (6) SCC 623.
In view of the above, this Court is of the considered opinion that the petitioner cannot be deprived of the benefit of old pension scheme. Therefore, the impugned orders are not applicable to the petitioner. The first and second respondents are directed to continue the petitioner under the Teacher's Provident Fund (Family Pension Scheme) in TPF.No.339415. Accordingly, this writ petition stands allowed.
Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.