M KARIAPPAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The relief sought for in this writ petition is to direct the respondents to count half of the service rendered by the petitioner as Plot Watcher from 01.07.1983 to till 13.10.2008 along with regular service rendered by him as Forest Watcher in the regular post from 14.10.2008 to 31.01.2018 as qualifying service for pensionary benefits and send the proposal to the 5th respondent for grant of pension with all consequential monetary benefits.

(2.) The grievance of the writ petitioner is that he was initially appointed as a Plot Watcher on daily wage basis, and thereafter, considering the length of the service he was brought under regular establishment. However, his service as a daily wage employee has not been taken into account for the purpose of reckoning the qualifying service for grant of pensionary benefits. The Government issued amended Rule 11 of the Tamil Nadu Pensions Rules, 1978, and accordingly, counting the 50% of the services rendered by him as temporary employee shall be taken into account for the purpose of reckoning the qualifying service for the pensionary benefits. Such benefit is granted subject to the terms and conditions stipulated in amended Rule 11 of the Tamil Nadu Pension Rules, 1978. Thus, the case of the writ petitioner also to be considered based on the amended Rule 11 of the Tamil Nadu Pension Rules, 1978.

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