P. ARUMUGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The writs on hand has been instituted to quash the Government Order issued in G.O.Ms.No. 77 Rural Development Department dtd. 12/7/2013, and direct the respondents to count 50 percent of the services rendered by the petitioners in the post of part time panchayat clerk along with their regular services.

(2.) The petitioners were initially appointed as part time panchayat clerk on 16/3/1979, 1/9/1979 & 1/2/1984 respectively and served as such up to 25/12/1990, 26/12/1990 & 7/3/1999. Thereafter, they were appointed as Junior Assistant on regular basis and retired from service on 31/3/2017 and 30/4/2017. It is not in dispute that the regular services of the writ petitioners in the post of junior assistant from 26/12/1990 to 31/3/2017, 27/12/1990 to 31/3/2017 and 8/3/1999 to 30/4/2017 respectively and was taken into consideration as qualifying services for the purpose of grant of pension and accordingly the writ petitioners are receiving pension under the Tamil Nadu Pension Rules 1978.

(3.) The grievances of the writ petitioners are that the services rendered by them as part time panchayat clerks was not taken into consideration for the purpose of recurring the 50% of qualifiying services under Rule 11 (4) of the Tamil Nadu Pension Rules, 1978. Thus the petitioners are constrained to challenge the Government Order issued in G.O.Ms. No. 77, restricting the part time panchayat clerk from availing the benefits of 50 % counting of the services.