SECRETARY TO GOVERNMENT Vs. M PALANI

JUDGEMENT

(1.) THIS writ appeal is preferred by the Government, challenging the order of the learned single Judge dated 24.11.2009 made in W.P.(MD)No.4073 of 2009, wherein the learned single Judge allowed the writ petition filed by the first respondent herein.

(2.) THE respondent herein was appointed as Conductor on daily wage basis in the then Tamil Nadu State Transport Department on 21.12.1971 and he continued as daily rated employee till 30.9.1972. From 1.10.1972 the respondent was granted regularisation as Conductor. Since the respondent was appointed as Conductor in the Tamil Nadu State Transport Department, after the formation of the Transport Corporation, the persons worked prior to 1.4.1982 in the Transport Department are entitled to get pension from the Government in terms of the order of the Supreme Court. THEreafter, the Government also issued G.O.Ms.No.42 Transport Department dated 27.5.2005.

(3.) IN answer to the said submission, the learned counsel for the respondent submitted that 50% of the services rendered on daily wage basis from 21.12.1971 till 30.9.1972 has to be considered in terms of Rule 11(2) of the Tamil Nadu Pension Rules, 1978, which clearly states that if a person is regularly employed on daily rate basis or on consolidated basis and he was absorbed permanently in the time scale of pay, half of such services shall be counted for the purpose of pensionary benefit. The learned counsel also submitted that if half of the services rendered by the respondent on daily wage basis is taken, the respondent will be getting another four months and 20 days of pensionable service, which comes to a total of nine years, ten months and twenty days. The learned counsel also submitted that Rule 43(3) of the Tamil Nadu Pension Rules, 1978 states that if a person completed more than three months in a year the said period of three months should be rounded of as one half year of service, and on any event the respondent has completed more than ten years of service even ignoring the daily rated service by applying Pension Rule 43(3).