V S SUBRAMANIAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner filed a writ of Mandamus directing the respondents to include service rendered by the petitioner from 01.08.1984 till regularisation 09.06.1982 for the pension purpose.

(2.) The petitioner was appointed on 01.08.1994 as a vocational teacher in the sanctioned post. Though the petitioner was appointed on 01.08.1984, his services were regularised on 31.03.1990. Admittedly, he was appointed in the year, 1984 on temporary basis, by virtue of his lengthy and continuous service, he was absorbed in regular vacancy. While so, the part time service rendered is to be taken into account for the purpose of calculating the qualifying service in order to fix the pensionary benefits.

(3.) Though the petitioner has sought a larger relief of calculating the entire period , learned counsel for the petitioner submitted that by virtue of subsequent amendment made by the Government Rule 11 of the Tamilnadu Pension Rules, 1978, the petitioner is entitled for counting 50% of the total part time service rendered by him. Accordingly, learned counsel cited two Honourable Division Bench Judgments of this Court, in the same subject dated 106.2016 passed in W.A.No.658 of 2016 and dated 16.02015 passed in W.A.No.359 of 2015, wherein, the Division Bench of this Court had considered the line of Government Orders passed in this regard and upheld the Judgment of the learned Single Judge and the relief sought for in those writ petitions were granted by the Hon'ble two Division Bench. The amended Pension Rule 11 is extracted hereunder: