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2022 Supreme(Mad) 2511

S. M. SUBRAMANIAM
K. Kannan – Appellant
Versus
Government of Tamil Nadu, Represented by its Secretary, Transport Department, Chennai – Respondent


Advocates appeared:
For the Petitioner:V. Ajoy Khose, Advocate. For the Respondents:R1, S. Prabhakaran, Government Advocate, R2, S. Pavithra, Advocate.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Declaration, declaring that the action of the respondents in refusing to count the petitioner temporary service from 07.12.1971 to 31.12.1972 along with his regular service from 01.01.1973 to 31.03.1982 for calculating his qualifying pensionable service and thereby rejecting his claim for pension on the ground that the petitioner did not complete 10 years of qualifying service as illegal and consequently direct the respondents to count the petitioner service from the date of his initial appointment to calculate his qualifying pensionable service and to pay the petitioner pension with effect from 01.01.1988 with all arrears and consequential benefits, together with interest at the rate of 12% per annum and award cost.)

The writ of declaration has been filed to declare the action of the respondents declining the claim of the writ petitioner to count the temporary services from 07.12.1971 to 31.12.1972 along with his regular services from 01.01.1973 to 31.03.1982 for calculating the qualifying pensionable service is null and void.

2. The petitioner joined the ser




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