D VIJAYAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The relief sought for in this writ petition is to call for the records connected in Na.Ka.No.101016/E2-1/2017, dated 23.11.2017 passed by the 3rd respondent and quash the same and direct the respondents to count half of service rendered by the petitioner from 12.08.1988 to 19.10.2006 along with regular service from 20.10.2006 for the purpose of granting pension to the petitioner and consequently grant pension with all benefits and pay arrears to the petitioner.

(2.) The grievance of the writ petitioner is that the services rendered by him in the post of Section Writer and Record Clerk has 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, his services are taken into account with effect from the date of regularization without counting the 50% of the services rendered by him as temporary employee. The benefit of counting of 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 petitioner also.

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