SECRETARY TO GOVERNMENT Vs. C.TAMILSELVAN

JUDGEMENT

(1.) These writ appeals are filed as against the common order of this Court passed in W.P(MD)Nos.20757 to 20764 of 2015, dated 20.11.2019. The respondents / writ petitioners filed the writ petitions challenging the Government Order in G.O.Ms.No.131, Rural Development and Panchyat Raj (E5) Department dated 01.10.2015 and for a consequential direction to direct that the employees covered in the proceedings passed by the second respondent in Na.Ka.No.V4/13425/2008, dated 28.11.2008 are entitled to come under the Tamil Nadu old Pension Scheme without fixing the crucial date, i.e., 01.04.2003.

(2.) The case of the respondents / writ petitioners is that they were appointed as Fitter Assistants in various Panchyat Unions on various dates after 01.04.1993 on daily wage basis, their services were regularised after completion of the ten years of service and they were brought under the regular time scale of pay after 01.04.2003 on various dates by the proceedings of the second respondent and subsequently, promoted as Office Assistant as follows:

(3.) The grievance of the writ petitioners is that vide G.O.Ms.No.131 Rural and Development Panchayat Raj (ES) Department dated 01.10.2015 an amendment has been made that the employes whose services were regularised before 01.04.2003 shall come under the Old Pension Scheme and those employees, whose services were regularised on or after 01.04.2003 shall come under the New Contributory Pension Scheme and this Government Order is against Rule 11(2) of the Tamil Nadu Pension Rules, 1978.