STATE OF TAMILNADU Vs. M. VARGEESE

JUDGEMENT

(1.) The appellants have come forward to file this writ appeal challenging the order of the learned Single Judge, by which, the writ petition filed was allowed, inter alia, holding that the respondent / writ petitioner, despite being regularized after 01.04.2003, is entitled to the regular pension. The learned Single Judge had placed reliance upon the order of the Division Bench governing the said issue.

(2.) Today, when the matter is taken up for hearing, the learned Additional Advocate General appearing for the appellants and the learned Counsel appearing for the respondent / writ petitioner submitted that the issue is no longer res integra. A Full Bench of this Court in W.A.Nos.158 of 2016, etc., batch, dated 03.12.2019, was pleased to hold that the Government servant, whose service was regularized after 01.04.2003, will not be entitled to count half of the past service for the purpose of determining the qualifying service for pension.

(3.) In view of the aforesaid position, the order passed by the learned Single Judge in W.P.(MD)No.13349 of 2018, dated 08.11.2019, stands set aside and the writ appeal stands ordered accordingly. We place on record the fair submission made by the learned Counsel appearing for the respondent / writ petitioner. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.