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2019 Supreme(Mad) 2795

R.SUBBIAH, P.T.ASHA, C.SARAVANAN
Government of Tamil Nadu – Appellant
Versus
R. Kaliyamoorthy – Respondent


Advocates Appeared:
For the Appellant :Vijay Narayan, Advocate General assisted by V. Jayaprakash Narayanan, Government Pleader and C. Munusamy, Special Government Pleader
For the Respondents: M. Ravi

JUDGMENT :

R. Subbiah, J.

1. This Full Bench was constituted by the Honourable The Chief Justice pursuant to the order dated 29.08.2018 passed by the Division Bench of this Court in W.A. No. 1218 of 2018 etc., batch to refer the below mentioned issue for an authoritative pronouncement:-

    "In view of the provisions of the Tamil Nadu Pension Rules, as amended, if a government servant is regularised in service after 01.04.2003 whether such a person will be entitled to count 50% of the past service rendered prior to regularisation for the purpose of computing his pension under the old pension scheme."

2. For the sake of clarity, we are paraphrasing the above reference as follows:-

    "Whether half of the past service rendered by Government servants whose appointments were regularised after 01.04.2003 can be counted for the purpose of grant of pension under the provisions of the Tamil Nadu Pension Rules, 1978 in the light of the amendments to the aforesaid rules vide G.O. Ms. No. 259, Finance (Pension) Department dated 06.08.2003 and G.O. Ms. No. 41, Finance (Pension) Department dated 08.02.

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