P GANESAH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in this Writ Petition is for a Writ of Certiorarified Mandamus calling for the records dated 16.04.2001 made in M.A.83 K.No.A7/1739/2000 of the third respondent and quash the same as null and void and direct the second respondent to sanction the revised pension including the period of 15 years as regular service and consequently award Selection Grade Special Grade benefit as per G.O.Ms.68, Personal and Administrative Reform dated 23.01.1986 and refund the amount of Rs.19455.81 with interest at the rate of 12% per annum within a reasonable time.

(2.) THE first petitioner herein has filed this writ petition. Pending writ petition, he died on 11.06.2004 and his legal heirs were brought on record as petitioners 2 to 4, hence, for the sake of convenience, the first petitioner shall hereinafter be referred to as 'petitioner'.

(3.) IT is the case of the petitioner that he was called upon to pay employer's share of bonus fund along with interest to ratify the period from 1947 to 1960 as qualifying service and accordingly, as per Challan No. PCC No.1 dated 16.10.1964 he has remitted a sum of Rs.162.50 towards bonus fund share and Rs.314/- towards interest in all Rs.477.50. The respondents, instead of ratifying this period from 1947 to 1960 have ratified only the period from 01.06.1960 onwards, besides, the respondents have not produced the said Challan No.1 dated 16.10.1964 before this Court for consideration. Even the counter filed by the second respondent is silent in this aspect. In this context, it is necessary to refer to the relevant portion of Rule 11 (1) The Tamil Nadu Pension Rules, 1978 which says that 11. (1) Subject to the provisions of these Rules, qualifying service of a Government Servant shall commence from the date he takes charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity.... IT is evident from the said Rule that the qualifying service of the Government Servant shall commence from the date he takes charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity. Applying Rule 11 (1) of the Tamil Nadu Pension Rules and also the facts mentioned above in the context that the respondents have not disputed that the petitioner joined the service of the corporation on 08.08.1947, this Court is of the view that the petitioner's qualifying service has to be reckoned from 08.08.1947 to 31.05.1960.