A. JOHN SUPAKIN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The order of rejection dated 11.05.2011 in relation to the claim of the writ petitioner for calculating the period of service rendered by them in private aided school for the purpose of reckoning the qualifying service for pensionary benefits under the Tamil Nadu Pension Rules is under challenge.

(2.) The learned Counsel appearing on behalf of the writ petitioner states that even 50% of the services of the writ petitioner ought to have been taken into account, for the purpose of reckoning the period of qualifying service under the amended Rule 11 of the Tamil Nadu Pension Rules.

(3.) This Court is of an opinion that no doubt that the Government has granted some concession in the amended Rule 11 of the Tamil Nadu Pension Rules, 1978. As per the Rule, 50% of the temporary services rendered in Government establishments shall be taken into account for the purpose of reckoning qualifying services. However, the employees, who seek the benefit of amended Rule 11, should have rendered service in any Government establishment or as Government employee on temporary basis. Admittedly, in the present writ petition, the writ petitioner had service in Private Aided School and during the relevant point of time, the petitioner was receiving the management salary and the appointment was not approved by the competent educational authorities. Such services rendered in the private aided school ought to be treated as private service and the same cannot be considered as services with Government or with the State. Thus, the application of Tamil Nadu Pension Rules, 1978 does not arise at all.