R CHARLESS Vs. GOVERNMENT OF TAMIL NADU, REPRESENTED BY ITS SECRETARY, ENVIRONMENT AND FOREST DEPARTMENT

JUDGEMENT

(1.) The relief sought for in this writ petition is to count half of the service rendered by the writ petitioner as Plot Watcher on daily wage basis from 1.3.1983 to 6.8.2009 along with the regular service rendered by him as Plot Watcher (Supernumerary Post) and Mali from 7.8.2009 to till the date of his retirement namely 31.1.2017, for the purpose of counting the qualifying services in order to grant pension under Tamil Nadu Pension Rules, 1978.

(2.) The grievances 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".