V. Krishnamoorthy v. State of Tamilnadu rep. by The Secretary to Government Finance (Pension) Department, Secretariat, Chennai
2012-03-28
VINOD K.SHARMA
body2012
DigiLaw.ai
Judgment :- 1. Petitioner was selected for appointment as part time panchayat clerk, on a monthly salary of Rs.25/- (Rupees Twenty five only) with effect from 01.04.1971. Petitioner served on this post from 01.04.1971 to 27.12.1990. 2. The petitioner was thereafter promoted to the post of Junior Assistant/Rural Welfare officer Grade II on 27.12.1990. The petitioner joined as Rural Welfare Officer Grade II, and was subsequently transferred to the post of Junior Assistant. The petitioner superannuated on 30.03.2000, as junior Assistant. 3. The petitioner was denied the pensionary benefit, on the ground, that the petitioner was not eligible for pension for having not served the department for a period of 10 years, as he served on regular basis from 27.12.1990 till 30.03.2000. 4. The order of the Government in declining the pension, is challenged on the ground, that as per G.O.Ms.955, Finance Pension dated 23.12.1999, half of the service rendered on the part time basis is also to be counted for the pension and in case half of the part time service was counted, the petitioner is entitled to pension. Therefore, the impugned order cannot be sustained. 5. The petitioner has also placed reliance on the latest instructions of the Government by G.O.Ms.No.39 dated 13.06.2011, reiterating the earlier instructions, that the half of the part time service is to be counted for pension. 6. The fact that the petitioner served as part time employee for twenty years from 01.04.1971 to 27.12.1990 is not disputed. It is also not disputed that petitioner thereafter served on regular basis till the date of superannuation. 7. In view of the Government instructions, the petitioner is entitled to count half of the service rendered by the petitioner on part time basis for the purpose of pension. 8. This view finds support from the judgment of this court in W.P.No.49617 of 2006 D. MohammedIbrahim vs The State of Tamilnadu decided on 16.02.2012. 9. Consequently, this writ petition is allowed. A writ, in the nature of certiorari, is issued quashing the impugned order declining pension to the petitioner, with consequential relief of writ in the nature of mandamus directing the respondent to pay the pension to the petitioner by adding half of the service rendered by the petitioner on part time basis with that of regular service. 10. The needful be done within three months of receipt of certified copy of this order. No