AYYAVOO Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in the writ petition is for issuance of a writ of mandamus directing the respondents 1 to 3 to count half of the service rendered by the petitioner as Plot Watcher from 01.02.1982 till 13.07.2004 along with regular service rendered by the petitioner as Forest Watcher from 14.07.2004 till 30.09.2009 as qualifying service for the purpose of conferment of pension and send the revised pension proposal to the fourth respondent and grant pension to the petitioner with all consequential benefits.

(2.) WHEN the writ petition was posted for admission on 30.03.2011, the learned Government Advocate (Forest) was directed to find out whether the issue raised in this writ petition is covered by my earlier order made in W.P.No.25293 of 2010, dated 30.11.2010. Today, the learned Government Advocate fairly submitted that the issue is covered by the said order.

(3.) THE learned counsel for the petitioner submitted that G.O.Ms.No.259 dated 6.8.2003 introducing new Contributory Pension Scheme, which states that persons recruited on or after 1.4.2003 are not eligible to get pension under old pension scheme, and the order cannot be applied to the petitioner as he was initially appointed on 01.02.1982 and he was in service in the department till 30.09.2009 without any break-in-service. THE learned counsel also submitted that the petitioner was paid daily rate wages once in a month from 01.02.1982 till 13.07.2004 and he was also promoted and regularized as Forest Watcher with effect from 14.07.2004 and retired on 30.09.2009. THE learned counsel also submitted that Rule 11(2) of the Tamil Nadu Pension Rules, 1978 clearly states that for calculating qualifying service, half of the service paid from contingencies shall be allowed to be counted and that the petitioner is satisfying the conditions contained in Rule 11(2) as he was appointed on daily wage basis from 01.02.1982 till he was promoted and regularized on 14.07.2004. THE learned counsel further submits that the petitioner has submitted a representation on 01.02.2011 to the respondents 1 to 3 and till date no order is passed and therefore, this writ petition is filed.