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Supreme Court of India 2018-08-13 allowed

K. Anbazhagan & Anr vs Registrar General High Court of Madras & Anr

Bench: 2 — Ashok Bhushan

In Brief

Five advocates were appointed as Additional District Judges for Fast Track Courts in Tamil Nadu on ad hoc basis from 2002, intended initially for five years. The High Court rejected their claims for pension, gratuity, and leave encashment on the ground they were contract appointees not on pensionable establishment. The Supreme Court held that the appellants were appointed on ad hoc basis (not contractual), were part of the judicial establishment, and thus entitled to retiral benefits. Those with 10+ years service were entitled to superannuation or compensation pension; all were entitled to gratuity and leave encashment (max 240 days), payable within two months plus 7% interest if delayed.

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Constitutional Law Service Law Judicial Service Pension and Retirement Benefits Fast Track Courts Administrative Law Leave Encashment Gratuity Compensation Pension

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