C MOHAN Vs. GOVERNMENT OF TAMIL NADU
LAWS(MAD)-2018-4-197
HIGH COURT OF MADRAS
Decided on April 10,2018

C Mohan Appellant
VERSUS
GOVERNMENT OF TAMIL NADU Respondents


Referred Judgements :-

HARPAL KAUR CHAHAL (SMT) V. DIRECTOR,PUNJAB INSTRUCTIONS,PUNJAB AND ANOTHER [REFERRED TO]
D S NAKARA VS. UNION OF INDIA [REFERRED TO]
COL RETD B J AKKARA VS. GOVT OF INDIA [REFERRED TO]
KALLAKKURICHI TALUK RETIRED OFFICIAL ASSOCIATION TAMILNADU VS. STATE OF TAMILNADU [REFERRED TO]
UNION OF INDIA VS. K PUNNIYAKOTI [REFERRED TO]


JUDGEMENT

S M Subramaniam, J. - (1.)The relief sought for in this writ petition is for a direction to the respondents to count half of the service rendered by the petitioner as NMR and Unskilled Worker from 01.03.1990 to till 22.02.2006 along with regular service rendered by him as Unskilled Worker in the regular post from 23.02.2006 to 30.06.2020 as qualifying service for pensionary benefits and send the proposal to the 5th respondent for granting pension with all consequential monetary benefits.
(2.)The grievance of the writ petitioner is that the services rendered by him in the post of NMR and Unskilled Worker, has not been taken into account for the purpose of reckoning the qualifying service and also to extend the benefit of the Tamil Nadu Pension Rules. In fact, his services are taken into account with effect from the date of regularization without counting the 50% of the services rendered by him as temporary employee. The benefit of counting of the 50% services are already extended by the Government as per the amended Rule 11 of the Tamil Nadu Pension Rules 1978. Thus, the benefit to be extended to the petitioner also.
(3.)The amended Rule 11 of the Tamil Nadu Pension Rules in respect of qualifying service, which is extracted hereunder:
Rule 11-QUALIFYING SERVICE

1."Commencement of qualifying service {(1}) Subject to the provisions of these rules, qualifying service of a Government servant shall commence from the date he taken charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity. In the case of a Government servant retiring on or after the 1st October. 1969,2{.....} temporary or officiating service in a pensionable post whether rendered in a regular capacity or not shall count in full as qualifying service even it is not followed by confirmation.

2. Half of the service paid from contingencies shall be allowed to count towards qualifying service for pension along with regular service subject to the following conditions:

service paid from contingencies shall be in a job involving whole time employment and not part time for a portion of the day.

Service paid from contingencies shall be in a type of work or job for which regular posts could have been sanctioned, for example Chowkidar.

Service shall be for which the payment is made out on monthly or daily rates computed and paid on a monthly basis and which, though not analogous to the regular scale of pay, shall bear some relation in the matter of pay to those being paid for similar jobs being performed by staff in regular establishments.

Service paid from contingencies shall be continuous and followed by absorption in regular employment without a break.

Subject to the above conditions being fulfilled, the weightage for past service paid from contingencies shall be limited to the period after the 1st January 1961 for which authenticated records of service may be available.

Pension or revised pension admissible as the case shall be paid from the 23rd June 1988.]

[Half of the service rendered by State Government employee under non-pensionable establishment shall be allowed to be counted for pensionary benefits along with regular service under pensionable establishment subject to the following conditions.

(a) Service under non-pensionable establishment should have been in a job involving whole time employment.

(b) The service under non-pensionable establishment should have been on time scale of pay.

(c) The service under non-pensionable establishment should have been continuous and followed by absorption in pensionable establishment without a break.

3. These orders shall take effect from the date of this Government Order. In respect of those who retired prior to the date of this order, eligible pension or revised pension, as the case may be, shall be paid from the date of this order, and that there can be no claim for arrears in any case for the period upto the date of this order.

Note: In the case of the employees of the former Pudukkottai State and persons transferred from the former Travancore-Cochin State consequent on the reorganization of State temporary or officiating service rendered in a regular capacity under the former Pudukkottai State or the former Travancore-Cochin State shall count in full for purposes of pension:

Provided that-

(a) in the case of a Government Servant, service rendered before attaining the age of eighteen years shall not count, except for compensation gratuity;

(b) in the case of a Government Servant whose year and month of birth are known, but not the exact date the 16th of the month should be treated as the date of birth. When the year of birth is known but not the month and date 1st July if the year shall be taken.

(c) in the case of a Government Servant with no military service who gives on recruitment only his age, but not the year of his birth the year should be arrived at by deducting from the year of recruitment the given age and then the date of birth should be taken as the 1st July of that year:

Provided further that in the case of a Government servant with previous military service the date of birth is fixed as laid down below:

When a military employee is transferred to a civil department under the Government and assumes a civilian status, the date of birth to be entered in his service book should be the date stated by him at the time of attestation.

When the documents referring to the previous military service of an individual do not give the definite date of birth but only the age stated at the time of attestation, he should be assumed to have completed the stated age on the date of attestation e.g., if one ex-soldier was enrolled on 1st January 1910 and if, on that date, his age was stated to be 18, his date of birth should be taken as 1st January 1892. This procedure will apply to cases arising on or after 27th June 1938.

Notwithstanding anything contained above in cases where S.S.L.C. or any other school certificate is available, the date of birth, as entered therein should be taken into account.

[Explanation.--For the purpose of date of birth, the word 'attestation' refers only to the initial records kept by the Defence Department at the time of appointment of the individual and not in the discharge certificate on discharge from the Defence Department.] '



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