LAWS(MAD)-2022-9-82

R. DHAYALAN Vs. STATE OF TAMIL NADU

Decided On September 05, 2022
R. Dhayalan Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) The Writ of Mandamus has been instituted to direct the respondents to consider the claim of the writ petitioner and count half of service rendered by the writ petitioner prior to 1/6/1995 along with regular service for the purpose of reckoning the qualifying services for the grant of pensionary benefits.

(2.) The writ petitioner states that he was initially appointed as Village Servant on 21/12/1981 on contract basis. Pursuant to the policy decision taken by the Government, the Village Servants, who were in service as on 1/6/1995, were brought under the regular establishment. Accordingly, the services of the writ petitioner was provincialised by the Appointing Authority with effect from 1/6/1995 onwards.

(3.) It is not in dispute that the qualifying services of the writ petitioner were reckoned from his date of regular appointment i.e., on 1/6/1995. However, the petitioner claims that his earlier services rendered as Village Servant from 21/12/1981 are to be taken into consideration for the purpose of calculation of the qualifying services.