J.SIVAKUMAR Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner was appointed as Part -Time Panchayat Clerk with effect from 01.02.1984 on consolidated pay under the Sethupava Chathiram Panchayat Union. The post of the said Part -Time Panchayat Clerks were all re -designated as Panchayat Assistants with effect from 01.01.1991 and such Part -Time Panchayat Clerks were made Full -Time employees and brought under the time scale of pay. Thus, from 01.01.1991, the petitioner was working in the time scale of pay as Panchayat Assistant. Thereafter, he was duly promoted as Junior Assistant with effect from 17.02.1998 and as Assistant with effect from 02.12.1999. Subsequently, on transfer he was appointed as Rural Welfare Officer Grade -1 and then again reverted as Assistant on 01.10.2007. He retired from service on attaining the age of superannuation on 30.06.2008.

(2.) THE grievance of the petitioner is that for the purpose of sanctioning the pension of the petitioner, the service period rendered by him as Part -Time Panchayat Clerk between 01.02.1984 to 01.01.1991 has not been taken into account. Similarly, the services rendered by the petitioner between 01.01.1991 to 17.02.1995 as Panchayat Assistant was also not taken into account. Therefore, the petitioner is before this Court with this writ petition, seeking appropriate relief.

(3.) BUT it is pointed out by the learned counsel for the fifth respondent that G.O.Ms.No.39 dated 13.06.2011 is contrary to the Statutory Rule, viz. Sub -Rule (4) of Rule 11 of the Tamil Nadu Pension Rules, 1978, as it stood amended as per G.O.Ms.No.41, referred to above. According to the learned counsel for the fifth respondent, since the Statutory Rule provides for taking into account 50% of the services rendered only by Whole Time employees, the Part Time employees cannot have the same benefit. Thus, according to the learned counsel for the fifth respondent, G.O.Ms.No.39 is in conflict with the Statutory Rule and therefore, the same cannot have any force. He would further submit that the said fact was brought to the notice of the Government by the fifth respondent, and thereafter, the Government issued G.O.Ms.No.77, Rural Development and Panchayat Raj Department, dated 12.07.2013, wherein the Government has clarified now that the services rendered by Part -Time Panchayat Clerks shall not be taken into account for the purpose of pension and accordingly, G.O.Ms.No.39 stands modified. Referring to the above Government Order in G.O.Ms.No.77, the learned counsel for the fifth respondent would submit that the petitioner is not entitled for pension by taking into account 50% of the services rendered by him as Part -Time Panchayat Clerk.