P NEELAVENI Vs. STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT SECRETARIAT, CHENNAI

JUDGEMENT

(1.) The relief sought for in these writ petitions is for a direction to direct the respondents to count 50% of services rendered by the petitioners from 02.08.1985 to 19.10.2006, from 07.08.1985 to 19.10.2006, from 14.08.1985 to 19.10.2006, from 16.08.1985 to 19.10.2006, from 01.08.1989 to 19.10.2006 and from 07.08.1989 to 19.10.2006 respectively 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 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: