A.R.D.NAYAGAM Vs. DIRECTOR

JUDGEMENT

(1.) THE petitioner challenges the proceedings of the first respondent, dated 19.07.2010, whereby the pension proposal of the petitioner sent by the 2nd respondent Panchayat was rejected on the ground that the petitioner is not entitled to regular pension, as he was regularised only after 01.04.2003.

(2.) THE case of the petitioner is that he was appointed as Water Supply Attender on daily wages basis by the Commissioner of Agasteeswaram Panchayat Union, through his proceedings, dated 27.02.1980. Thereafter, by an order, dated 01.06.2001, the petitioner was paid a consolidated pay of Rs.6,000/- per month. Subsequently, by the proceedings of the Executive Officer, Anjugramman Town Panchayat, namely the 2nd respondent herein, dated 04.08.2006, the petitioner's service was regularised and he was brought under time scale of pay with effect from 23.06.2006. The petitioner retired from service on 31.05.2009 on attaining the age of superannuation. Thereafter, when the pension proposal was sent by the 2nd respondent Panchayat, the same was returned by the impugned proceedings by stating that the petitioner is not entitled to regular pension and he is entitled to only a contributory pension on the ground that his regular appointment was only made on 01.04.2003 as contemplated under G.O.Ms.No.259, Finance (Pension) Department, dated 08.08.2003. Therefore, the petitioner is aggrieved against the said proceedings of the first respondent.

(3.) IT is also stated by the first respondent that as per G.O.Ms.No.408, Finance (Pension) Department, dated 25.08.2009, only 50% of the services rendered in consolidated pay or daily wages, shall be counted for the pension along with regular service of the employees, who were appointed on or before 31.03.2003. The 2nd respondent also filed a counter affidavit and stated that as per the amended rule, only those, who were appointed prior to 01.04.2003 are entitled to pensionary benefit and as per G.O.Ms.No.259 and G.O.Ms.No.430, the petitioner is not entitled to regular pension.