LAWS(MAD)-2018-4-364

A PAVUN Vs. GOVERNMENT OF TAMIL NADU

Decided On April 12, 2018
A Pavun Appellant
V/S
GOVERNMENT OF TAMIL NADU Respondents

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to the respondents to count half of the service rendered by the petitioner as Plot Watcher on daily wage basis from 06.04.1984 to 29.07.2012 along with the regular service rendered by him as Plot Watcher (Supernumerary Post) from 30.07.2012 to till the date of his retirement namely 30.06.2018 as qualifying service, send 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 him in the posts of Plot Watcher and Plot Watcher (Supernumerary Post), 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 also.

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