K JOSEPH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IT is stated by the petitioner that he was selected for appointment to the post of Reserve Watcher and he had joined in service, on 10.12.1957. He was promoted to the post of Forest Guard by an order, dated 15.4.1972. Later, he was promoted, temporarily, to the post of Forester, on 2.9.1976. Thereafter, he had been reverted from the said promoted post. However, he was permanently promoted to the post of Forester, on 28.1.1977, which post he had held till he had retied from service, on 30.4.1995.

(2.) THE petitioner had further stated that he had passed S.S.L.C. in the year 1955 itself. THErefore, even on the date of his appointment to the post of Forester he had S.S.L.C. qualification.

(3.) A reply affidavit has been filed on behalf of the respondents denying the claims made by the petitioner. It has been stated that the petitioner had been appointed as a reserve watcher on 10.12.1957. The petitioner's service as a reserve watcher from 10.12.1957 to 17.4.1972 has not been taken into account for pensionary benefits. As the service of a reserve watcher is covered only under the Forest Temporary establishment, no pension is paid to the reserve watcher as per the rules in force as they form part of the inferior service. Though the petitioner had S.S.L.C. qualification he was appointed only in the post of reserve watcher for which reading and writing in Tamil language was the only qualification. Since the petitioner had opted for the lessor category of the post as compared to the higher qualifications he was possessing at the time of his appointment, he cannot validly claim the pensionary benefits due to other categories of posts. The post of reserve watcher are not forming part of the pensionary service. The reserve watcher post is not covered under the work charged establishment but it is a temporary service on regular appointment. G.O.Ms.No.892, dated 22.8.1994, deals only with the work charged establishment and not to the temporary establishment of the reserve watcher in the Forest Department.