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2021 Supreme(Mad) 2700

PUSHPA SATHYANARAYANA, P.VELMURUGAN
State of Tamil Nadu, Rep. by its Secretary to Government, Environment and Forest Department, Chennai – Appellant
Versus
S. Manoharan – Respondent


Advocates Appeared:
For the Appellants : P. Subbaraj, Special Government Pleader.
For the Respondent:A. Haja Mohideen, Advocate.

JUDGMENT :

PUSHPA SATHYANARAYANA, J.

(Prayer: Appeal filed under Clause XV of Letters Patent, against the common order dated 10.04.2019 made in W.P (MD) No. 8620 of 2019.)

1. The 1st respondent herein had filed a Writ of Mandamus, directing the appellants to count half of the services rendered by him, as Plot Watcher from 20.04.1983 to 06.08.2009, when he was on temporary basis, along with the regular service from 07.08.2009, till the date of his retirement, namely, 28.02.2019, as qualifying service, for the purpose of computing pension.

2. The Writ Court had directed to count 50% of the service of the writ petitioner, when he was working on temporary basis and calculated the service from the date of regularisation till his date of retirement.

3. Subsequently, there was a Full Bench judgment of this Court in Government of Tamilnadu vs. R.Kaliyamoorthy, reported in (2019) 6 CTC 705, in which, it has been held that as far as the appointments made on or before 01.04.2003, is concerned, 50% of the services rendered by the employees, on temporary basis, should be taken into consideration and insofar as the appointments made on or after 01.04.2003 is concerned, since the said appointees are g

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