T IYYAMMAL Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction the respondents respondents 1 to 3 to count half husband as Plot Watcher on daily wage basis from 01.08.1981 till 06.08.2009 along with his regular service as Plot Watcher (Supernumerary Post) from 07.08.2009 till the date of prior to his death on 25.09.2011, so as to enable the petitioner to get family pension and consequently direct the respondents 1 to 3 to send revised pensionary proposal to the 4th respondent, direct the 4th respondent to pay family pension to the pensionary with all consequential monetary benefits.

(2.) The grievance of the writ petitioner is that the services rendered by him in the post of Plot Watcher, 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 her 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: