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Showing contexts for: implied overrule in The Government Of Tamil Nadu vs R. Kaliyamoorthy on 29 August, 2018Matching Fragments
(ii) The learned counsel also relied on the Judgment dated 21.04.2017 passed in W.A. (MD) Nos. 392 of 2015 etc., batch (The State of Tamil Nadu, by its Secretary, School Education Department and others vs. G. Balasaraswathi and others) wherein also, the Division Bench observed that the learned single Judge is right in holding that after several orders have been passed by the Division Bench, the State is not justified in relying on Rule 11 (4) of the Tamil Nadu Pension Rules, 1978 and that the Rule itself stands impliedly overruled. The relevant portion of the Judgment dated 21.04.2017 reads as follows:-
"10. The writ Court further observed that in the light of the decision of the Honourable First Bench, the Rule itself stands impliedly overruled. That apart, it was held that if the benefit is not granted, it would amount to discriminating the similarly placed persons. Further, the Writ Court noted that the Government has chosen to extend certain benefits in respect of part time workers as found in G.O. Ms. No.39, 13.06.2011 and therefore the benefit cannot be denied to part time vocational instructors by stating that the said Government Order is applicable to panchayat clerks and not to vocational instructors.