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S. M. SUBRAMANIAM
N. Malliga – Appellant
Versus
State of Tamil Nadu – Respondent
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 Survey
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 R....
The main legal point established in the judgment is the need to follow Rule 11(2) of the Pension Rules and the Full Bench Judgement in determining the eligibility for pensionary benefits.
The petitioners cannot claim regularization of their services from the date of initial appointment and were entitled to count only half of their service rendered in consolidated pay posts for pension....
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