S ARUMUGAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The relief sought for in these writ petitions are for a direction to direct the respondents to count half of the services rendered by the petitioners as Plot Watchers on daily wage basis from 01.10.1984 to 06.08.2009, from 01.06.1984 to 06.08.2009, from 16.09.1985 to 16.01.2014, from 01.07.1980 to 06.08.2009, from 09.08.1982 to 06.08.2009, from 15.10.1980 to 07.05.2003, from 20.12.1982 to 12.05.2008, from 28.10.1981 to 29.07.2012 and from 01.01.1979 to 05.11.2003 respectively along with the regular services rendered by them as Plot Watchers (Supernumerary Post) and Mail from 07.08.2009, 17.01.2014, 08.05.2003, 13.05.2008, 30.07.2012 and 06.11.2003 to till the date of their retirement namely 31.03.2018, 31.01.2018, 30.06.2018, 30.05.2019, 31.05.2018 respectively as qualifying services sent the revised proposal to the 4th respondent, grant pension to the petitioners with all consequential monetary benefits.

(2.) The grievance of the writ petitioners are that the services rendered by them have not been taken into account for the purpose of reckoning the qualifying services and also to extend the benefit of the Tamil Nadu Pension Rules. In fact, their services are taken into account with effect from the date of regularization without counting the 50% of the services rendered by them as temporary employee. The benefit of counting of the 50% services are already extended by the Government as per the amended Rule 11 of the Tamil Nadu Pension Rules 1978. Thus, the benefit to be extended to the petitioners also.

(3.) The amended Rule 11 of the Tamil Nadu Pension Rules in respect of qualifying service, which is extracted hereunder: