P SUSEELA Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to the respondents 1 to 3 to count half of the service rendered by the petitioner's husband as Plot Watcher on daily wage basis from 01.10.1982 till 06.01.2007 along with the regular service as Forest Watcher from 07.01.2007 till the date of his death on 16.12.2007, 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 petitioner will all consequential monetary benefits, grant pension to the petitioner with all consequential monetary benefits.

(2.) The grievance of the writ petitioner is that the services rendered by her husband as Plot Watcher and Forest 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 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's husband also.

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