K PERUMAL Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The relief sought for in this writ petition is to call for the records connected with the impugned order passed by the 1st respondent in Letter No.1710/HM2/2017-3 dated 14.02.2017 and quash the same and consequently direct the 1st Respondent to pass orders sanctioning pension and other retirement benefits under the old GPF and Pension scheme to the Petitioner by including 50% of his past service on daily wages basis for more than 10 years prior to 01.04.2003 along with his regular service from 12.12.2007 to 28.02.2013.

(2.) The grievance of the writ petitioner is that the services rendered by him in the post of Gang Mazdoor(NMR) has 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, 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 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: