N SAMPATH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to the respondents to count 50% of service rendered by the petitioner from 13.09.1990 to 24.10.2006 along with regular service from 25.10.2006 for the purpose of granting pension and consequently grant pension with all benefits and pay arrears to the petitioner at the time of superannuation.

(2.) The grievance of the writ petitioner is that the services rendered by him have 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 also.

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