M. ARUMUGAM Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE prayer in all the writ petitions is to quash the G.O.Ms.No.42, Transport (RW) Department, dated 27.05.2005, insofar as excluding the daily wages as pensionable service and consequently, to direct the respondents to sanction pension and pay arrears of pension from 01.01.1988.

(2.) FOR better appreciation, facts involved in W.P.No.16231 of 2008 are stated below: The petitioner was appointed as Driver on 16.10.1971 in the erstwhile Tamil Nadu State Transport Department on daily wage basis. On formation of new Transport Corporation, i.e. Pallavan Transport Corporation on 01.01.1972, the petitioner, along with other employees of the Transport department, was sent on deputation basis with the newly formed Corporation. Subsequently, they were finally taken over by the Corporation with effect from 01.05.1975, after taking option for absorption from the employees. As per Rule 43(2) of the Tamil Nadu Pension Rules, the employee for being eligible for pension should render at least 10 years of service, therefore, the respondent granted pension to the employees, who had put in 10 years of service as on 01.05.1975.

(3.) FURTHER , he contended that as per Rule 11(2) of the Tamil Nadu Pension Rules, 1978, 50% of the daily wage services is bound to be calculated as pensionable service and by citing so, he further stated that if half of the daily wage service is counted, the petitioners in all the writ petitions are entitled for pension, since they have admittedly possessed net qualifying service of 10 years.