T LAKSHMIPATHI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) HEARD both sides.

(2.) THE petitioner was a retired Additional Professor of Surgery from the Madras Medical College, Chennai. He filed O.A.No,5695 of 1998 before the Tribunal, seeking for a declaration that Rule 27 of the Tamil Nadu Pension Rules, 1976 was unconstitutional and illegal in so far as the applicant is concerned and it will have force only prospectively i.e. 1.1.79. Consequently, the petitioner wanted Article 404 AA of the Pension Code to be extended in his favour and also to grant arrears arising out of such pension.

(3.) ARTICLE 404 AA as it stood prior to 7.1.1971 read as follows: