LAWS(MAD)-2020-2-245

R. MUTHURANGAN Vs. STATE OF TAMILNADU

Decided On February 12, 2020
R. Muthurangan Appellant
V/S
STATE OF TAMILNADU Respondents

JUDGEMENT

(1.) The petitioner herein was initially appointed as Part Time Panchayat Clerk on a consolidated pay with effect from 1.8.1986 in Tiruvarur Panchayat Union, Tiruvarur and subsequently, the petitioner was appointed in the regular post as Junior Assistant with effect from 6.10.2005 as per the orders of the third respondent and the services of the petitioner was also regularized in the cadre of Junior Assistant with effect from 6.10.2005 and the petitioner was retired from service on 31.5.2010 on attaining the age of superannuation. The petitioner seeks 50% of the service rendered by the petitioner as Part Time Panchayat Clerk from 1.8.1986 to 5.10.2005 be counted as qualifying service along with full services rendered by the petitioner as Junior Assistant from 6.10.2005 to 31.5.2010 for pensionary benefits. As the request of the petitioners herein was rejected by the Government by way of the impugned order cited supra, the petitioner has approached this Court in the present writ petition.

(2.) The learned Additional Govt. Pleader and the learned Government Advocate appearing for the respondents submitted that the issue pertains to the 50% of the past service rendered by the petitioner, prior to regularisation was referred to the Hon'ble Full Bench of this Court and as per the judgment of the Hon'ble Full Bench delivered in a batch of writ appeals in W.A.No.158 of 2016 etc., dated 3.12.2019, the writ petitioner is not eligible for the relief sought for in the writ petition. The relevant portion of the judgment of the Hon'ble Full Bench reads as follows:

(3.) Considering the facts and circumstances of the case and in the light of the judgment rendered by the Hon'ble Full Bench cited supra, the writ petitioner is not entitled for the relief sought for in the writ petition.