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2014 Supreme(Mad) 1463

D.HARIPARANTHAMAN
A. Manoharan – Appellant
Versus
State of Tamil Nadu Rep. by its Secretary to Government – Respondent


Advocate Appeared:
For the Petitioners:P. Rajesh, Advocate.
For the Respondents:RR1 to R4, N. Inbanathan, Govt. Advocate (Forests), R5, T.S. Selvarani, Advocates.

Judgment :

1. Heard both sides.

2. The petitioner was initially engaged as Social Forestry Worker in the Forest Department from 17.02.1983 onwards. He was continued in service on daily wages basis. The service was a continuous one. He was not given time scale of pay. He was absorbed into regular service as Watcher with effect from 12.03.2008, after he rendered 25 years of daily wages service and thereafter, he was granted time scale of pay. He retired from service on 30.04.2013 on reaching the age of superannuation. Since the regular service rendered by him falls short of 10 years, he was not paid pension.

3. It is the case of the petitioner that 50 % of service on daily wages basis shall be taken into account along with his regular service for the purpose of pension. He placed reliance on Rule 11(2) of Tamil Nadu Pension Rules, 1978. But his request to grant pension by counting 50% of service on daily wages basis was declined by the impugned order dated 06.07.2013. Thus, he was denied pension, though he rendered in total a long service of 30 years before retirement. Hence, this writ petition.

4. Therefore, the question that falls for consideration is as to whether the petitioner i





















































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