V SWAMINATHAN Vs. STATE OF TAMIL NADU, REP BY ITS SECRETARY, SCHOOL EDUCATION DEPARTMENT, FORT ST GEORGE, CHENNAI

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to the respondents to grant the Annual Increment to the petitioner which is due on 01.07.2011 G.O.Ms.No.311 Finance (CMPC) Department dated 31.12.2014 and consequently re-fix the pensionary benefits of the petitioner accordingly and to pay the arrears thereon to the petitioner.

(2.) The grievance of the writ petitioner is that the services rendered by him have 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 also.

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