Employees whose temporary service was regularized prior to 01.04.2003 are entitled to have 50% of such temporary service counted as qualifying service for the purpose of pensionary benefits under the relevant pension rules.

PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the issuance of a Writ of Mandamus directing the 2^nd respondent to take into account 50 percentage of the temporary service rendered by the petitioner from 14.01.1989 to 06.01.1998 (9 years 5 days) for the purpose of calculating pensionary benefits, in terms of G.O.Ms.No.408, Finance (pension) Department dated 25.08.2009 and consequently grant the petitioner revised, pensionary benefits together with arrears, within a time frame to be fixed by this Court.

For Petitioner(s): Mr. N.Beulah John Selvaraj For Respondent(s): Mr.C.Selvaraj Additional Government Pleader for R1 M/s.P.Prithvi Chopda Standing Counsel for R2 to R4

ORDER

The present Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing the 2^nd respondent to take into account 50% of the temporary service rendered by the petitioner from 14.01.1989 to 06.01.1998 (9 years 5 days) for the purpose of calculating pensionary benefits, in terms of G.O.Ms.No.408, Finance (pension) Department dated 25.08.2009 and consequently grant the petitioner revised, pensionary benefits together with arrears, within a time frame to be fixed by this Court.

2. The learned counsel for the petitioner submits that the petitioner joined the service of the respondent on 14.01.1989 as a Sanitary Worker on a temporary basis and after rendering nine years and 5 days of continuous temporary service, his service was regularised by virtue of G.O.Ms.No.408, dated 25.08.2009. The grievance of the petitioner is that when the pension is being calculated, the petitioner is entitled to count the 50% of such temporary service for the purpose of granting pensionary benefits.

3. The learned counsel for the petitioner further submit that the issue involved in the present case is squarely covered by a judgment of the Full Bench of this Court in the case of the Government of Tamil Nadu Vs. R.Kaliyamoorthy (Order dated 03.12.2019 in W.A.No.158 of 2016) and by an order dated 10.04.2024 passed in W.P.No.18643 of 2022. This Writ Petition may be disposed of in terms of the order passed in the above Writ Petition. 4. The learned counsel for the respondents fairly conceded that the petitioner is entitled to the relief sought, in terms of the order passed in the aforementioned Writ Petition.

5. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents and perused the materials placed before this Court.

6. Upon perusal of the records, it is seen that employees, who were regularised prior to 01.04.2003 are entitled to count 50% of such temporary service. The relevant portions of the judgment of the Full Bench are extracted below:-

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 f