In Brief
Two Assistant Public Prosecutors were cleared for appointment on 3rd September, 2002 following a public service commission selection process, but their appointment orders were delayed until 2004-2005 by the State Government, while merit-ranked candidates were appointed in 2002. After a 2003 amendment to the Tamil Nadu Pension Rules, only employees appointed before 1st April, 2003 could access the old pension scheme; later appointees got a new contributory scheme. The appellants were denied the old scheme due to their later appointment date. The Supreme Court held that since they were cleared before 1st April, 2003 from a common selection process and the delay was caused by the State, not themselves, they must be treated as entitled to the 1978 pension scheme with all accompanying benefits and seniority rights.
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