V SAHADEVAN Vs. STATE OF TAMILNADU; ASST ACCOUNTS OFFICER, O/O PRINCIPAL ACCOUNTANT GENERAL; ASSISTANT DIRECTOR OF PROSECUTION

JUDGEMENT

(1.) By G.O.Ms.No.259, Finance (Pension) Department, dated 06.08.2003, the Government of Tamil Nadu amended the Tamil Nadu Pension Rules, 1978 with effect from 01.04.2003. By the said amendment, a proviso was inserted under Rule 2. As per the said proviso, the Tamil Nadu Pension Rules were made inapplicable to Government Servants appointed on or after the 1st April, 2003 to the services and posts in connection with the affairs of the State, which are borne on pensionable establishments. In other words, persons appointed to all types of services in the State of Tamil Nadu on or after 01.04.2003 became ineligible for the grant of pension under the Tamil Nadu Pension Rules.

(2.) Two persons appointed as Assistant Public Prosecutors, one person appointed as a Junior Assistant in the Revenue Department and a few persons appointed as Assistant Medical Officers (Siddha), made a claim before the competent authorities of their departments that the amendment cannot be applied to them. This claim was on the ground that all of them were recruited to various services before 01.04.2003, the date of coming into force of the amendment, though they joined duty in the respective posts after 01.04.2003. But, their claims were rejected by the competent authorities.

(3.) Therefore, one Assistant Public Prosecutor filed a writ petition in W.P.(MD)No.7628 of 2005. The writ petition was dismissed by a learned Judge, by an order dated 22.11.2010. Aggrieved by the said order, he came up with an appeal in W.A.(MD)No.217 of 2011.