Chennai: Holding that the state cannot deny the benefit of the TN Pension Rules based on the date of absorption, particularly to employees who have rendered more than three decades of service before absorption, the Madras high court came to the rescue of an employee who was denied pension because he fell short of 10 years regular service, and directed the state government to count half of his service before his absorption along with regular service for the purpose of pension within three months.
Allowing a petition from P. Chinniyan, Justice D. Hariparanthaman quashed the order of the Dharmapuri district forest officer, denying pension to him. Chinniyan had served on daily wages basis in the forest department for 30 years and was absorbed into regular service from October 20, 2003.
He retired from service in 2010. Relying on rule 11 (2) of the TN Pension Rules, 1978, Chinniyan claimed that 50 per cent of his service on daily wage basis should be taken into account along with his regular service for the purpose of pension.
His request was rejected and he was denied pension, though he had rendered 43 years of service. The judge said the cut-off date of April 1, 2003 was chosen since a new pension scheme was introduced for persons recruited after April 1, 2003 into government service.
The absorption of the petitioner after April 1, 2003 cannot be equated with persons who were freshly recruited after April 1, 2003. Rule 11 (4) was introduced in 2010 but rule 11 (2) has been in existence from the very inception of the TN Pension Rules.
The petitioner cannot be faulted for the belated regularisation, though similarly placed persons like him in other departments were absorbed into regular service on completion of 10 years of service by giving the benefit of G.O. 2006 and they have been given pension also, the judge added.
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