C PONNAMMAL Vs. GOVERNMENT OF TAMIL NADU, REP BY ITS SECRETARY, ENVIRONMENT & FOREST DEPARTMENT, FORT ST GEORGE, CHENNAI

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction the respondents to count half of the service rendered by the petitioner as Plot Watcher on daily wage basis from 22.12.1984 to 06.08.2009 along with the regular service rendered by her as Plot Watcher (Supernumerary Post) from 07.08.2009 to till the date of her retirement namely 30.09.2017 as qualifying service, and the revised proposal to the 4th respondent, grant pension to the petitioner with all consequential monetary benefits.

(2.) The grievance of the writ petitioner is that the services rendered by her in the post of Plot 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, her services are taken into account with effect from the date of regularization without counting the 50% of the services rendered by her 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: