E VASANTHA Vs. DIRECTOR OF MEDICAL EDUCATION, CHENNAI

JUDGEMENT

(1.) The writ petitioner was appointed on temporary basis as a Substitute Worker in the Medical Department on 5.4.1991 and subsequently, the writ petitioner was absorbed in a regular vacancy on 18.5.2007. The writ petitioner was retired from service on 29.10.2010. However, the services rendered by the writ petitioner on temporary basis as Substitute Worker has not been taken into account for the purpose of calculating the qualifying service under Rule 11 of the Tamil Nadu Pension Rules.

(2.) The grievance advanced in this writ petition is that the Government amended Rule 11 of the Tamil Nadu Pension Rules in respect of qualifying service and the amended Rule is extracted hereunder:

(3.) While amending Rule 11(4)(iii), the Government imposed the cut-off date as 01.04.2003. It is stated that "service rendered in non-provincialised service, consolidated pay, honorarium or daily wages basis shall be followed by absorption in regular service before 1st April 2003 without a break".