Temporary services to be considered for 50% of the service for pension benefits, while regular services to be taken into consideration for the remaining 50% as per Rule 11 of the Tamil Nadu Pension Rules, 1978.

ORDER :

PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, direct the respondents to count the entire temporary services of the petitioners worked in the cadre of Field Surveyor cum Draftsman/Section Writer for pension purpose and accordingly revised the petitioners- pension and pensionary benefits and further to pay the consequential arrears in the light of the judgment reported in 2013(2) MLJ 399 and on par with the various judgments made by this Court.

These writ petitions have been filed to direct the respondents to count the entire temporary services of the petitioners, who worked in the cadre of Field Surveyor cum Draftsman/Section Writer, for the purpose of pension and accordingly revise the petitioners- pension and to further pay the pensionary benefits and other consequential arrears.

2. The petitioners were initially appointed as Field Surveyor cum Draftsman/Section Writer through District Employment Exchange on temporary basis, more so as daily rated employees. The petitioners had undergone the survey training and after passing the departmental test, they were regularly appointed in the post of Field Surveyor cum Draftsman/Section Writer in the survey department and other department by way of deputation or otherwise. After rendering many years of service, some petitioners retired from service and some petitioners are still working in the Department and they were promoted to further posts also.

3. In this background, the learned counsel for the petitioners mainly contended that the temporary services of the writ petitioners are to be taken into consideration for the purpose of counting the qualifying service for grant of pensionary benefits.

4. The learned counsel for the petitioners reiterated that under Rule 11 of the Tamil Nadu Pension Rules, 1978, the temporary services are also to be taken into consideration for reckoning the qualifying service for grant of pensionary benefits and therefore, the said benefits are to be extended to all the petitioners.

5. In this regard, the learned counsel for the petitioners relied on the order of this Court passed in W.P.Nos.12477 and 12478 of 2007 dated 25.03.2014, in the case of G.Sivaraman and Anr. Vs. Government of Tamil nadu and Ors., wherein, this Court directed the authorities to regularize the temporary service and the said order was confirmed by the Hon’ble Division Bench in W.A.No.550 of 2015 dated 20.04.2018 and the said individual got the pensionary benefits by counting the temporary services rendered by him. Therefore, the similar benefits are to be extended to the petitioners in these writ petitions also.

6. The learned Government Advocate appearing on behalf of the first and second respondents objected the said contention by stating that, the petitioners were initially appointed on temporary basis for daily wages and therefore, they are eligible to avail the benefit under Rule 11(4) of the Tamil Nadu Pension Rules, 1978, for counting 50% of service and they are not entitled for counting 100% of their services, as per the relief sought for in these writ petitions.

7. With regard to the regularization of service, the learned Government Advocate submitted that the regular service rendered by the petitioners in the Department will be taken into consideration as qualifying service for grant of pensionary benefits and therefore, the writ petitions are to be rejected.

8. The learned counsel appearing on behalf of the third respondent Accountant General reiterated that, Rule 11(4) of the Tamil Nadu Pension Rules, 1978, alone is to be applied after verifying the service records of the writ petitioners and the nature of the service rendered by the petitioners in the Department of Survey and Settlement and other Department.

9. Rule 11 of the Tamil Nadu Pension Rules, 1978, stipulates commencement of qualifying service. Rule 11(1) contemplates that, subject to the provisions of these rules, qualifying service of a Go