K SAMPATH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PRAYER in the writ petition is to call for the records on the file of the first respondent in connection with the order passed by him in his proceedings Lt.No. 36439/E4/2005 dated 12.12.2005 and quash the same and direct the respondents to count half of the non-provincialised service of the petitioner from 1.3.1985 to 1.1.2000 for the purpose of repayment of all the terminal benefits including the commutation of pension, pension arrears and monthly pension with 18% interest per annum.

(2.) PETITIONER was selected and appointed to the post of part-time Panchayat Assistant on 1.3.1985 and was regularly appointed as such with effect from 1.1.1991. On 1.1.2000, he was appointed as Junior Assistant and then promoted to the post of Assistant on 14.3.2004. He retired from the service on 31.5.2005 and applied for pension, counting the period during which he served as Panchayat Assistant from 1.3.1985 to 1.1.2000. But, the second respondent rejected the request by order dated 6.4.2005 relying upon the Government Letter No.10973/Pension/2000-1, Finance Department, dated 4.10.2000. PETITIONER challenged the said order in W.P.No.6537 of 2005 and this Court by order dated 25.7.2005 passed the following order:

(3.) IT is the admitted case that the petitioner was appointed as a part-time Panchayat Assistant from 1.3.1985 and was regularly appointed in the said post with effect from 1.1.1991. He was promoted as Junior Assistant on 1.1.2000, further promoted as Assistant from 14.3.2004 and retired as Assistant on 31.5.2005. Thus, admittedly, the period of service from 1.1.2000 to 31.5.2005 is pensionable service.