S. M. SUBRAMANIAM, C. KUMARAPPAN
Government of Tamil Nadu – Appellant
Versus
S. Kumara Gurubaran – Respondent
JUDGMENT :
[Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.]
Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order passed in WP.No.11984 of 2015 dated 24.04.2015 and allow the present Writ Appeal.
The State preferred the present Writ Appeal challenging the writ order dated 24.04.2015. The respondent filed a writ petition to count half of the services rendered by the petitioner/respondent as Plot Watcher on daily wage basis from 27.11.1982 till 29.03.2007 along with the regular service rendered by him in the post of Forest Watcher from 30.03.2007. The relief sought for in the writ petition itself would indicate that the services of the writ petitioner/respondent in the post of Plot Watcher was regularised in the sanctioned post with effect from 30.03.2007. Admittedly, the respondent was appointed as Plot Watcher on daily wage basis in the Forest Department on 27.11.1982. Considering the long services rendered by the daily wage Plot Watchers, the Government granted the benefit of regularization with effect from 30.03.2007 in the sanctioned post.
2. Counting of half of the services of daily wages employees can be considered under Section 11(
Employees whose services are regularized after the cut-off date of 01.04.2003 are not entitled to benefits under the Tamil Nadu Pension Rules, 1978, and fall under the new Contributory Pension Scheme....
Employees regularized after 01.04.2003 are governed by the new contributory pension scheme, not the Tamil Nadu Pension Rules, 1978.
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....
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