The court directed the respondent authority to consider and dispose of the petitioner's representation regarding the counting of past service in a non-pensionable establishment for pensionary benefits, as the representation had remained pending.

PRAYER: Writ petition under Article 226 of the constitution of India praying for issuance of a writ of MANDAMUS directing the 2nd respondent to consider the petitioners representation dated 02.05.2024 forwarded by the 3rd respondent dated 12.05.2024 vide Na.Ka.No. A1/3-7351905/2024 and grant the benefits of counting half of the service rendered by the petitioner in the Transport Corporation from 27.07.1989 to 24.05.1997 along with his regular pensionable service in the Tamil Nadu Police Department for pensionary benefits in terms of G.O.Ms.No.118 Finance (Pension ) Department dated 14.02.1996 and consequently revise and refix his pension and other retirement benefits.

ORDER

This Writ Petition has been filed for the following reliefs:-

“directing the 2nd respondent to consider the petitioners representation dated 02.05.2024 forwarded by the 3rd respondent dated 12.05.2024 vide Na.Ka.No. A1/3-7351905/2024 and grant the benefits of counting half of the service rendered by the petitioner in the Transport Corporation from 27.07.1989 to 24.05.1997 along with his regular pensionable service in the Tamil Nadu Police Department for pensionary benefits in terms of G.O.Ms.No.118 Finance (Pension ) Department dated 14.02.1996 and consequently revise and refix his pension and other retirement benefits.”

2. The petitioner was initially appointed as Junior Assistant in the Transport Corporation (a non-pensionable establishment) on 27.07.1989 and rendered continuous service on a whole-time basis in a time-scale of pay till 24.05.1997. Thereafter, with due permission and a No Objection Certificate, he had joined the Tamil Nadu Police Department as a Sub-Inspector on 02.06.1997, without any break in service, and ultimately retired as Deputy Superintendent of Police on 30.06.2025.

3. The petitioner would submit that as per G.O. Ms. No. 118 dated 14.02.1996, half of the service rendered in a non-pensionable establishment is liable to be counted along with the service in a pensionable establishment, provided certain conditions are fulfilled. The petitioner satisfies all such conditions, including continuity of service, time-scale of pay, and whole-time employment.

4. The petitioner’s main grievance is that, though he satisfies all the conditions stipulated in G.O. Ms. No. 118 dated 14.02.1996, the respondents have not extended the benefit of counting 50% of his past service rendered as Junior Assistant in the Transport Corporation for pensionary benefits. In this regard, the petitioner had submitted a representation dated 02.05.2024, which was forwarded by the 3rd respondent to the 2nd respondent on 12.05.2024. However, no orders have been passed to date. Hence, the present Writ Petition.

5. Heard the learned counsel on either side and perused the records.

6. Considering the limited request of the petitioner and taking note of the fact that the petitioner’s representation dated 02.05.2024 has not been disposed of to date, the Writ Petition is allowed. The 2nd respondent is directed to consider and dispose of the petitioner’s representation dated 02.05.2024 on merits and in accordance with law within a period of 6 weeks from the date of receipt of a copy of this order. No costs.

10-04-2026

Index: Yes/No

Speaking/Non-speaking order Neutral Citation: Yes/No

SHR