P. CHINNIYAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard both sides. The petitioner was initially engaged as Plot Watcher in the Forest Department from 01.04.1967 onwards. He was continued in service on daily wages basis. The service was a continuous one. He was not given time scale of pay. He was absorbed into regular service as Mali with effect from 20.10.2003, after he rendered 36 years of daily wages service and thereafter, he was granted time scale of pay. He retired from service on 30.06.2010 on reaching the age of superannuation. Since the regular service rendered by him falls short of 10 years, he was not paid pension.

(2.) It is the case of the petitioner that 50 % of service on daily wages basis shall be taken into account along with his regular service for the purpose of pension. He placed reliance on Rule 11(2) of Tamil Nadu Pension Rules, 1978. But his request to count 50% of service on daily wages basis was declined by the impugned order dated 10.04.2013. Thus, he was denied pension, though he rendered in total a long service of 43 years before retirement. Hence, this writ petition.

(3.) Therefore, the question that falls for consideration is as to whether the petitioner is entitled to count 50% of his services rendered on daily wages basis along with regular service for the purpose of pension, under the Tamil Nadu Pension Rules, 1978.