B. THIAGARAJAN Vs. THE STATE OF TAMILNADU REP. BY SECRETARYTO GOVT. DEPARTMENT OF AGRICULTUREFORT ST. GEORGE. CHENNAI,

JUDGEMENT

(1.) WRIT petition praying to issue a writ of certiorari calling for the orders of the third respondent issued in PPF/GP/SR/465 dated 9.8.1999 and to quash the same and direct the 3rd respondent to grant him pension for his service in the State Bank of India from 1.4.1978 to 31.3.1990 by counting his earlier service from 18.12.1964 to 30.6.1966 and 9.6.19678 to 31.3.1978 in the TN Govt. Service and pass orders.

(2.) FROM the affidavit filed in support of the above writ petition, the petitioner would submit that he passed B.Sc./, (Agri) and got appointed initially as Dy. Agriculture Officer on temporary basis and subsequently he was selected by the Tamil Nadu Public Service Commission; that his services were regularised w.e.f.9.6.1997; that by order dated 38.11.1974 he was deputed to State Bank of India, Pugalur Agricultural Development Branch on foreign service basis for one year with a deputation allowance of 20% of his basic pay that; the petitioner was relieved on 30.11.1974 and he was asked to report to Pugalur ADB Branch of State Bank of India; that while he was working there, he made an application to the Chief General Manager, SBI Chennai through proper channel; that his application was forwarded with the permission of the Government and he was asked to send resignation; that the Joint Director of Agriculture accepted his technical resignation and relieved him with effect from 31.3.1978 AN; that he had actually rendered 12 years service n the Tamil Nadu Government.

(3.) THE petitioner would further submit that as per TN Pension Rules, 34, it is proved that a Government Servant can be permitted to be absorbed in service in or under a Corporation or Company or Body wholly or substantially owned or controlled by Government; that it is necessary that his services in the Stated Government should be counted as continuous service for the purpose of pension in the S.B.I.; that when he applied for pension, he was informed that the S.B.I. was not an undertaking of the government of Tamil Nadu that he was not eligible for pension; that as per amended Pension Rules, the retired employees, who have completed a minimum of 10 years of pensionable service at the time they attained the age of 58 years shall be eligible for pension; that the petitioner retired from SBI w.e.f. 31.03.1990; that the SBI should pay the pension for the combined total service of 24 years and 4 months; that in spite of several representations made by the petitioner, the authorities have not considered the same; that one Arumugam, who was a Junior Engineer in the Agricultural Department of Tamilnadu from 24.02.1971 to 28.01.1978 and who was appointed under the Central Government in the Post of Asst. Director of Supplies Grade II, his resignation was considered to be technical resignation and the Government was pleased to condone the 3 days interruption of service; and consequently his entire period of service on TN Govt. was treated as qualifying service for pension; that likewise the petitioner's service in the TN Govt. should have been treated as qualifying service for pension by the SBI ; that the claim of the petitioner for pension is a continuous claim and there is no question of limitation. Hence, the Writ petition.