D YESUPATHAM Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner has preferred the instant Writ of Mandamus praying for issuance of order in directing the first respondent to calculate the half of non pensionable services rendered by him in Tamil Nadu Steels Limited, Arakkonam along with his pensionable service in the fourth respondent office for calculating pension as per G.O.Ms.No.118 Finance (Pension) Department dated 14.02.1996 and to pay the pensionary benefits to him from the date of his retirement.

(2.) The petitioner was appointed as Field Assistant in Tamil Nadu Steels Limited (now under Liquidation) during 1972. He was absorbed in the said company. At the time of closure of the said company, he worked as Senior Assistant. The said company was closed down in 1998 by means of G.O.Ms.No.222 dated 16.6.1998 issued by the Government of Tamil Nadu. According to the petitioner, he had completed 26 years of service in the said company. Later, the State Government has passed another G.O.Ms.No.524 dated 21.8.1998, in and by which, the Government had decided to absorb the employees of Tamil Nadu Steels Limited (now under Liquidation) in other Public Sector Undertakings including the State Transport Corporation and Local Bodies.

(3.) It is the further case of the petitioner that he was given appointment in terms of G.O.Ms.No.524 dated 21.8.1998 in Tiruppur Municipal Office as Junior Assistant and retired on 21.5.2006 as Junior Assistant in Tiruvallur Municipality. He had rendered the services of 7 years and 4 months in Municipal Office. The qualifying service for the eligibility of pension is 10 years and there is shortage of 2 years and 8 months. According to the petitioner, even before his retirement, he has approached the respondents to pass an order, on the petitioner's pensionary benefits by calculating the services rendered in Tamil Nadu Steels Limited, Arakkonam, but the respondents have not passed any orders.