V KRISHNAMOORTHY Vs. STATE OF TAMILNADU REP BY SECRETARY TO GOVERNMENT FINANCE PENSION DEPARTMENT SECRETARIAT CHENNAI

JUDGEMENT

(1.) PETITIONER was selected for appointment as part time panchayat clerk, on a monthly salary of Rs.25/- (Rupees Twenty five only) with effect from 01.04.1971. Petitioner served on this post from 01.04.1971 to 27.12.1990. The petitioner was thereafter promoted to the post of Junior Assistant/Rural Welfare officer Grade II on 27.12.1990. The petitioner joined as Rural Welfare Officer Grade II, and was subsequently transferred to the post of Junior Assistant. The petitioner superannuated on 30.03.2000, as junior Assistant.

(2.) THE petitioner was denied the pensionary benefit, on the ground, that the petitioner was not eligible for pension for having not served the department for a period of 10 years, as he served on regular basis from 27.12.1990 till 30.03.2000. The order of the Government in declining the pension, is challenged on the ground, that as per G.O.Ms.955, Finance Pension dated 23.12.1999, half of the service rendered on the part time basis is also to be counted for the pension and in case half of the part time service was counted, the petitioner is entitled to pension. Therefore, the impugned order cannot be sustained.