Employees absorbed as regular Junior Assistants before 01.04.2003 are entitled to have 50% of their part-time service counted for pension under G.O.Ms.No.39, and this accrued right cannot be revoked by G.O.Ms.No.77 or Rule 11(4) of the Tamil Nadu Pension Rules, 1978.

Prayer : This Writ Petition is filed under Section 226 of the Constitution of India to direct the respondents to count 50 percentage of services rendered by the petitioner in the post of part time Panchayat clerk from 15.01.1984 to 31.12.1990 together with his regular service rendered between 01.01.1991 to 30.04.2023 in accordance with the directions given by the Hon'ble Division Bench judgment rendered W.A.No.2358/2021 and W.A.No.2851/2018 etc., dated 16.12.2021 and 06.07.2023 respectively.

For Petitioner(s): Mr.Viswanathan, Senior Counsel for Ms.T.Hemalatha

For Respondent(s): Mr.Ramanlal, AAG, assisted by Mr.P.Balathandayutham, SGPFor R1 To R3

ORDER

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

“directing the Respondents to count 50 % of services rendered by the Petitioner in the post of pent time Panchayat clerk from 15.01.1984 to 31.12.1990 together with his regular service rendered between 01.01.1991 to 30.04.2023 in accordance with the directions given by the Hon'ble Division Bench judgment rendered W.A.No.2358/2021 and W.A.No.2851/2018 etc., dated 16.12.2021 and 06.07.2023 respectively.”

Brief Facts:-

2. The petitioner was initially appointed as a Part-Time Panchayat Clerk at Angarayanallur Panchayat, Jayamkondam Panchayat Union, on 15.01.1984, and subsequently served at Devamangalam Panchayat. The post was later redesignated as Panchayat Assistant, and the petitioner continued in service from 01.01.1991. He was thereafter appointed as Junior Assistant on 21.01.1999 and subsequently promoted up to the post of Block Development Officer. The petitioner attained superannuation on 30.04.2023 while serving as Block Development Officer at Jayamkondam Panchayat Union.

3. On 13.06.2011, the Government had issued G.O.Ms. No. 39, granting the benefit of counting 50% of part-time service for pension, which was later clarified by G.O.Ms. No. 77 dated 12.07.2013. The petitioner was granted pension by counting only his regular service from 01.01.1991 to 30.04.2023, without including his part-time service from 15.01.1984 to 31.12.1990.

4.The action of the respondents in refusing to count 50% of the petitioner’s part-time service is contrary to the settled legal position. This Hon’ble Court, in various decisions including W.P. No. 32579 of 2013 and W.A. No. 259 of 2016, has held that employees absorbed prior to 01.04.2003 are entitled to count 50% of their part-time service for pension. The said principle has been consistently followed in subsequent cases and the Government had also implemented such orders in similar cases by issuing appropriate Government Orders. Hence, according to the petitioner, he is also entitled to have 50% of his part-time service from 15.01.1984 to 31.12.1990 counted along with his regular service for the purpose of pension and other benefits. However, since the said benefit has not been extended to the petitioner to date, the present Writ Petition has been filed.

5. The learned AAG appearing on behalf of the respondents vehemently argued the mater by contending that the mere fact that orders were passed in favour of some similarly placed persons, such as the writ petitioner, would not operate as res judicata, nor would it preclude the State Government from questioning those orders in parallel or similar proceedings. He would further contend that the benefit that has already been extended to the retired employees by calculating maximum of 50% of the past service rendered by them, both for part-time employees as well as full-time employees, though was permissible