M NAGAPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to the respondents to count 50% of service rendered by the petitioner from 04.11.1996 to 14.09.2010 along with regular service from 15.09.2010 for the purpose of granting pension and accordingly grant pensionary 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 Sweeper(Menial), 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: