T.S. Sivagnanam, J.

1. In these batch of cases, there are writ appeals filed by the Government and writ petitions and the common issue involved in all the cases pertain to the Plot Watchers, who were working on daily wage basis and were brought into regular establishment, seek for counting half of their service rendered as Plot Watchers along with the regular service rendered by them, to enable them to get pensionary benefits.

2. W.A.(MD) No.51 of 2018 is taken as the lead case. This appeal by the State is against the order in W.P.(MD) No.22833 of 2016. The said writ petition was filed praying for issuance of a writ of mandamus to direct the appellants to fix and disburse pension by counting half of the service rendered by the first respondent/writ petitioner from 01.08.1985 to 01.08.2013 as Plot Watcher on daily wage basis along with regular service rendered by him from 02.08.2013 till 31.07.2016.

3. The learned Special Government Pleader appearing for the appellants submitted that the writ petitioner was appointed as a Plot Watcher in the Social Forestry Division during 1981 and worked on daily wage basis till 2009. During 2009, the writ petitioner along with other similarly placed persons were appointed as Forest Watchers in regular time scale of pay.

4. It is submitted that the Government by G.O.(Ms)No.64, Environment and Forests (FR-2) Department, dated 08.03.1999, took a decision to bring the Plot Watchers and Gardeners, who were working on daily wages into regular time scale of pay, by considering the recommendations of the Principal Chief Conservator of Forests. The recommendation being to relax the minimum educational qualification of pass in S.S.L.C. and in respect of Plot Watchers, who were appointed on daily wages prior to 08.07.1980, to be appointed as Forest Watchers as per their seniority. This recommendation was made by the Principal Chief Conservator of Forests, taking into consideration that persons like that of the writ petitioners had filed cases before the Tamil Nadu Administrative Tribunal and obtained interim orders of stay from filling up the vacancies in the post of Forest Watchers. Therefore, the Principal Chief Conservator of Forests while making recommendation, had noted about the pendency of several cases and if the recommendation is accepted, all cases would stand disposed of. The Government favourably considered the recommendation and issued G.O.(Ms)No.64 and ordered for the Plot Watchers working in the Social Forestry Division and the Guards be brought into regular time scale of pay by relaxing the minimum educational qualification and directing preparation of a statewide list showing the names of all such Plot Watchers, who were working in the Social Forestry Division, based on the seniority, i.e., from the date of their engagement as daily wage employees. Such of those persons, whose names find place in the said list, should have working knowledge in Tamil and as per their seniority, will be accommodated in the post of Forest Watchers in the existing vacancies as well as in the vacancies which will arise in future by relaxing the age requirement.

5. By relying upon G.O(Ms)No.64, the learned Special Government Pleader appearing for the appellants submitted that the appointment of the Plot Watchers in regular time scale of pay as Forest Watchers should for all purposes be treated as a fresh appointment. In this regard, the learned Special Government Pleader referred to Rule 11 of the Tamil Nadu Pension Rules and with regard to the Proviso under Rule 11 (4), it is submitted that 50% of the service as daily wages can be considered for computing total length of service, only if the Plot Watchers were absorbed into regular time scale of pay before 01.04.2003. It is submitted that in none of these cases, this requirement has been complied with and since the appointment as Forest Watchers being a fresh appointment, the question of considering the 50% of the service as daily wage worker cannot be