ORDER

The order of rejection, rejecting the claim of the writ petitioner for grant of pension under the Old Pension Rules namely Tamil Nadu Pension Rules, 1978 is under challenge in the present writ petition.

2. The petitioner was appointed as Part-Time Clerk on 01.07.1986.

The Part-Time Clerk was re-designated as Panchayat Assistant and the petitioner was receiving the consolidated pay salary from the year 1991. He was further re-designated as Panchayat Secretary and time scale of pay was granted with effect from 01.09.2006. Thereafter, the petitioner was appointed as Rural Welfare Officer Grade-II on 27.06.2014. Thereafter, the Contributory Pension contribution was deducted from the salary of the writ petitioner from July 2014 till his retirement.

3. The learned counsel for the petitioner states that the initial appointment of the writ petitioner falls before the cut-off date on 01.04.2003 and from the said date, the New Pension scheme namely Contributory Pension Scheme was implemented. Therefore, the petitioner is eligible for the benefit under the Tamilnadu Pension Rules, 1978. It is further contended that though the initial appointment of the writ petitioner was made as Part-Time Clerk, he was performing the duties as full time employee for all purposes. Thereafter, the post was re-designated and consolidated pay salary was paid. Thus, the petitioner is to be considered as an employee appointed prior to 01.04.2003 for all purposes and the pension is to be paid under the Tamil Nadu Pension Rules, 1978.

4. The 4th respondent filed a counter affidavit, stating that the petitioner was brought under the regular establishment as Junior Assistant only with effect from 27.06.2014. Previously, he was working as Part- Time Panchayat Assistant and Secretary and thereafter, on consolidated pay salary and for the purpose of grant of pensionary benefits, the date of regular appointment is to be taken into consideration. Accordingly, the petitioner was regularly appointed to the post of Junior Assistant on 27.06.2014, after the cut-off date of 01.04.2003. Thus, the petitioner is eligible to get all the benefits under the Contributory Pension Scheme, which was already settled.

5. The issues in this regard are elaborately considered by this Court in W.P.No.9562 of 2014 dated 20.07.2022 and the relevant paragraphs are extracted hereunder:

“16. In view of the conflicting Judgements of the Division Benches of this Court, in this line, more specifically, regarding interpretation of amended Rule 11(4) of the Pension Rules, the matter was referred to the Hon'ble Full Bench of this Court in the case of Government of Tamil Nadu, Public Works Department Vs. R.Kaliyamoorthy passed in W.A.No.158 of 2016, etc., batch and the Hon'ble Full Bench delivered a Judgement on 03.12.2019, which reads as follows:-

“45. In the light of the above, we answer the reference as follows:

i) Those who are freshly appointed on or after 01.04.2003 are not entitled to pension in view of proviso to Rule 2 of Tamil Nadu Pension Rules, 1978 inserted by G.O.Ms.No.259 dated

06.08.2003.

ii)Those government servants/employees appointed prior to 01.04.2003 whether on temporary or permanent basis in terms of Rule 10(a) (i) of Tamil Nadu State and Subordinate Service Rules will be entitled to get pension as per the Tamil Nadu Pension Rules, 1978.

iii) In case, a Government employee/servant had also rendered service in non-provincialised service, or on consolidated pay or on honorarium or daily wage basis and if such services were regularised before 01.04.2003, half of such service rendered shall be counted for the purpose of conferment of pensionary benefits.

iv) Those government servants who were appointed in the aforesaid four categories before the cut off date and later appointed under Rule 10 (a) (i) of Tamil Nadu State and Subordinate Service Rules before 01.04.2003 and absorbed into regular service after 01.04.2003 will not be entitled to count half of their past service for the purpose