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2012 DIGILAW 3591 (MAD)

V. Jayalakshmi v. State of Tamilnadu Rep by The Secretary, Department of Education

2012-08-16

D.HARIPARANTHAMAN

body2012
Judgment :- 1. The petitioners were employed as Noon Meal Organisers in the Noon Meal Centres from 1983. The employment in the Noon Meal Centre is a Non-pensionable one. Thereafter, the writ petitioner in W.P.No.217 of 2012 was absorbed as a B.T. Assistant (Tamil Pandit) in Government Higher Secondary School at Odaipatti, on 10.3.2007 and the writ petitioner in W.P.No.242 of 2012 was absorbed as a B.T. Assistant in Panchayat Union Middle School, at Pothakudi (South), Tiruvarur District in S.S.S. Service on 2.7.2004. The petitioner in W.P.No.217 of 2012 was retired from service on 31.12.2010 and the petitioner in W.P.No.242 of 2012 was retired from service on 31.03.2011. 2. The issue that arises for consideration in the writ petitions is as to whether the petitioners are entitled to count 50% of service rendered in Noon Meal Centre for the purpose of pension. 3. While the petitioners seek to count 50% of service rendered in Noon Meal Centres for the purpose of pension, the respondents have objected the same, on the ground that Rule 11 of the Tamilnadu Pension Rules, provides for counting the service rendered in the non-provincialised establishment for the purpose of pension only, if such an employee was absorbed in regular service before 1.4.2003. Since the petitioners were absorbed after 1.4.2003, the petitioners are not entitled to count 50% of service rendered in Noon Meal Centres. 4. The petitioners relied on G.O.No.6, Social Welfare and Nutritious Meal Department, dated 6.1.2010 that provides for counting 50% of service rendered in the Noon Meal Centre for the employees who were absorbed as teachers, even after 1.4.2003. 5. I have considered and held in the batch of writ petitions in W.P.(MD).No.7070 of 2011 etc., batch in P. Mary Vs. The Government of Tamilnadu rep. by its Principal Secretary, Department of School Education, Fort St. George, Chennai and others, that in view of G.O.Ms.No.6, Social Welfare and Nutritious Meal Department, dated 6.1.2010, the petitioners are entitled to count 50% of service rendered in the Noon Meal Centres. 6. The Government of Tamilnadu rep. by its Principal Secretary, Department of School Education, Fort St. George, Chennai and others, that in view of G.O.Ms.No.6, Social Welfare and Nutritious Meal Department, dated 6.1.2010, the petitioners are entitled to count 50% of service rendered in the Noon Meal Centres. 6. Hence, the impugned orders are quashed and the respondents are directed to resubmit the proposals for pension to the petitioners to the office of the Principal Accountant General for authorizing pension, within a period of four weeks from the date of receipt of a copy of this order and the Principal Accountant General is directed to authorize pension and other terminal benefits based on G.O.Ms.No.6, Social Welfare and Nutritious Meal Department, dated 6.1.2010, by counting 50% of service rendered by the petitioners in the non pensionable post along with the regular service within a period four weeks thereafter. 7. The writ petitions are disposed of in the above terms. No costs.