S NEELAMEGAN Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to the respondents to allot GPF Account Number for grant of pension to the petitioners under the Tamil Nadu Pension Rules 1978 (old pension scheme) by counting 50% of the services rendered by the petitioners in the post of Part time Librarian and Village Librarian till their respective regularisation in service in the post of Grade III Librarian, even though they were brought into regular establishment after 01.04.2003.

(2.) The grievance of the writ petitioners is that the services rendered by them in the post of Part time Librarian, had 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, their services are taken into account with effect from the date of regularization without counting the 50% of the services rendered by them as temporary employees. 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 petitioners also.

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