D. MATHIAZHAGAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner herein was appointed temporarily as Casual Labour on daily wages, through District Employment Exchange on 19/6/1980. Thereafter, his services were regularized on 13/2/1989 as a Night Watchman. His request to count the period of services rendered between 19/6/1980 to 13/2/1989, for the purpose of fixation of his pension was kept pending, which prompted him to file a Writ Petition in WP.No.15969 of 2015 and by an order dtd. 5/6/2015, this Court had directed the respondents to consider the petitioner's representation, within a period of twelve weeks. Accordingly, the present impugned order was passed on 5/1/2016, rejecting the petitioner's request to count 50% of his past services.

(2.) The Government in G.O.Ms.No.408, Finance (Pension) Department dtd. 25/8/2009, had ordered for counting of 50% of the services rendered as a Casual Labour on daily wages, for the purpose of calculating the pensionable service. The respondents in the impugned order, have stated that the services rendered by the petitioner between 1980-1989 was a part-time labour. Such a statement seems to be factually incorrect, in view of the appointment order dtd. 19/6/1980, which evidences that the petitioner was temporarily appointed as a Casual Labour on daily wages. In view of the same, the petitioner would be entitled for the benefits under G.O.Ms.No.408, dtd. 25/8/2009, by counting 50% of his services as a part-time employee.

(3.) In the light of the above observations, the impugned order dtd. 5/1/2016 is hereby quashed. Consequently, there shall be a direction to the respondents, to forthwith count 50% of services rendered by the petitioner as a Casual Labour on daily wages from 19/6/1980 to 13/2/1989 and thereby, re-fix the petitioner's pension, including order for disbursement of the arrears of the pension. Such order shall be passed atleast within a period of four (4) weeks from the date of receipt of a copy of this order.