GOVERNMENT OF TAMIL NADU Vs. R.HARIDOSS

JUDGEMENT

(1.) Challenge in this appeal is to an order of the writ court dtd. 20/11/2017 made in W.P.No.31539 of 2012, by which the writ court, directed the appellants herein, to grant pension to the first respondent/writ petitioner by treating the period of qualifying services as 10 years under the provisions of the Tamil Nadu Pension Rules, 1978 and accordingly, calculate the pensionary benefits and disburse the same with arrears as applicable as per rules, within a period of twelve weeks from the date of receipt of a copy of the writ court order.

(2.) Short facts leading to the filing of the writ appeal are that, the 1st respondent herein/writ petitioner, retired from the services of the Tamil Nadu Cooperative Milk Producers' Federation(TCMPF), as Special Grade Chargeman on 31/8/2004. He was initially appointed as Mazdoor on contingency service in Dairy Development Department on 30/12/1970 and worked as such till 26/4/1971. His services were regularized in the post of Compressor Man with effect from 27/4/1971 in the said department. Thereafter, the writ petitioner, was deputed to work on Foreign Services terms and conditions with the Tamil Nadu Dairy Development Corporation. Subsequently, he continued on deputation even after the constitution of Tamil Nadu Cooperative Milk Producers' Federation.

(3.) It is the further case of the writ petitioner that Government of Tamil Nadu issued G.O. Ms. No.1921 Animal Husbandry Development Department dtd. 8/11/1983, which provides for absorption of Government servants working in the Federation on deputation on obtaining their option for the same. The said Government Order also provides a package of terminal benefits that would be paid to those persons who opted to get absorbed into the Federation.