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Judgment
The Honourable Mr. Justice Vinod K. Sharma
The Petitioner has approached this Court with a prayer for issuance of a writ, in the nature of Certiorari, to quash the impugned order, dated 26.02.2008 vide which, the service rendered by the Petitioner from 05.07.1984 upto 30.09.1993, has not been taken into consideration for calculation of pensionary benefits, for the reason that the Petitioner worked on consolidated salary.
The Petitioner was appointed as Junior Assistant in the service of updating register scheme, Sivagangai on 26.06.1984, on consolidated salary of Rs. 450/- per month. Thereafter, the Petitioner was transferred to District land survey office, Sivagangai, on 31.12.1987 as Junior Assistant. After one month, he was again transferred to Karaikudi, Natham land survey department, on 30.01.1988. After rendering 5 years of service, the Petitioner was again transferred to the office of Devakottai Special Tahsildar Natham Land Tax Unit, on 26.01.1993 as Junior Assistant and thereafter, transferred to Government Pleader''s Office at Madras High Court, on 13.09.1993. The Petitioner was placed in consolidated salary for the period from 05.07.1984 to 30.09.1993. He was placed in the regular time scale, thereafter the Petitioner was in service without break till he attained the age of superannuation on 31.01.2008.
While recommending the case of the Petitioner for granting pension, the service was rightly calculated, but the Respondent while accepting the recommendation of the office, decided to deduct the service rendered by the Petitioner on consolidated salary while calculating pension.
The Petitioner submits that according to the Service Rules and the instructions of the State Government, 50% of the service rendered on consolidated pay is to be counted for the purpose of pensionary benefits.
The Petitioner has challenged the impugned order on the ground that the Respondents have failed to count 50% of the service rendered by the Petitioner on consolidated salary while calculating the pension.
this Court in W.P.(MD). No. 1892 of 2003, on interpretation of the rules and the instructions issued by the Government, held that 50% of the service on consolidated salary is required to be counted for the purpose of pension. The case of the Petitioner is squarely covered by the Division Bench of this Court.
Consequently, the Writ Petition is allowed and the impugned order is set aside, and the Respondent is directed to recalculate the pension payable to the Petitioner, after giving benefit of 50% of the service rendered by the Petitioner on consolidated salary i.e., from 05.07.1984 to 30.09.1993.
No. costs.