C MOHAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to the respondents to count half of the service rendered by the petitioner as NMR and Unskilled Worker from 01.03.1990 to till 22.02.2006 along with regular service rendered by him as Unskilled Worker in the regular post from 23.02.2006 to 30.06.2020 as qualifying service for pensionary benefits and send the proposal to the 5th respondent for granting pension with all consequential monetary benefits.

(2.) The grievance of the writ petitioner is that the services rendered by him in the post of NMR and Unskilled Worker, 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 also.

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