P MEENACHI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to the respondents 1 to 3 to count half of service rendered by the petitioner's husband as Plot Watcher on daily wage basis from 01.08.1979 to 06.08.2009 along with his regular service as Plot Watcher (Supernumerary Post) from 07.08.2009 to till the date of his death on 03.01.2013, so as to enable the petitioner to get family pension and consequently direct the respondents 1 to 3 to send revised pensionary proposal to the 4th respondent, direct the 4th respondent to pay family pension to the petitioner with all consequential monetary benefits.

(2.) The grievance of the writ petitioner is that the services rendered by her husband as Plot Watcher and Plot Watcher(Supernumerary Post), has not been taken into account for the purpose of reckoning the qualifying service 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 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 petitioner's husband also.

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