S.KAMACHI Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE prayer in the writ petition is to quash the G.O.Ms.No.42, Transport (RW) Department dated 27.05.2005 insofar as excluding the daily wages as pensionable service and direct the respondents to sanction pension and pay arrears of pension from 01.01.1988.

(2.) THE case of the petitioner is that he was appointed as a driver in the erstwhile Tamil Nadu State Transport Department on 28.01.1970 and after the formation of the Transport Corporation namely Pallavan Transport Corporation, now known as Metropolitan Transport Corporation, on 01.01.1972 he was considered as deputationist and absorbed in the Transport Corporation from 01.05.1975. THEreafter, he gave option to serve in the Transport Corporation and retired from service on 31.05.1998. THE petitioner was suspended from service, due to involvement in an accident, from 23.08.1970 to 06.12.1973 and he was removed from service by an order dated 07.12.1973. THE petitioner challenged the removal order and the said order was set aside and pursuant to the order of this Court, the petitioner was reinstated into service with continuity of service from 07.12.1973 to 08.04.1974 and backwages. THE period of suspension was treated as loss of pay due to no leave to his credit. THE petitioner was absorbed permanently even before suspension i.e. on 01.18.1970. When the petitioner applied for pension, his request was rejected on the ground that the petitioner has not completed 10 years of service as on 31.03.1982.

(3.) SIMILAR issue was considered by me in W.P.No.8205 of 2011 and by order dated 19.4.2011, half of the services of the petitioner therein as Plot Watcher from 1.1.1982 to 13.7.2004 was directed to be counted along with his regular service rendered as Forest Watcher from 14.7.2004 to 31.8.2009 as qualifying service to arrive at pensionable service. The said order was challenged in appeal by the State in W.A.No.27 of 2012 and the First Bench of this Court dismissed the writ appeal on 13.2.2012. SLP.No.16119 of 2012 filed by the Government of Tamil Nadu against the said judgment of the First Bench of this Court was dismissed by the Honourable Supreme Court on 10.5.2012.