Case Note & Summary
The State of Tamil Nadu filed an intra-court appeal under Clause 15 of the Letters Patent against an order dated 18.01.2024 in WP No. 27327 of 2023, which extended the benefit of counting 50% of the service rendered by the respondent, P. Krishnan, as a Part-Time Panchayat Clerk. The respondent had sought counting of his part-time service for pension purposes. The appellants argued that in similar circumstances, a Division Bench of this Court had examined the claim of similarly placed persons and the scope of the Tamil Nadu Pension Rules, 1978, and passed a common judgment on 23.06.2026 in W.A.No.1569 of 2026 etc. batch. The relevant portion of that judgment stated that pension is the deferred portion of wages for services rendered by a government employee, and though it is a right under the Constitution, it operates within the framework of the Rules. Rule 11 of the Pension Rules is a welfare provision that stipulates counting 50% of temporary service along with the actual period of regular service. This additional benefit cannot be used as a ladder to claim counting of the full period of service. The Division Bench, agreeing with the reasoning in the earlier judgment, dismissed the appeal, upholding the Writ Court's order. The court found no merit in the appeal and confirmed the extension of the benefit of counting 50% of the part-time service.
Headnote
A) Pension Law - Counting of Service - Rule 11 Tamil Nadu Pension Rules, 1978 - Welfare Provision - The Division Bench upheld the Writ Court's order extending benefit of counting 50% of service rendered as Part-Time Panchayat Clerk. Held that pension is a right but operates within the framework of Rules, and Rule 11 is a welfare provision stipulating counting 50% of temporary service along with regular service, which cannot be used to claim full period (Paras 2-3).
Issue of Consideration
Whether the benefit of counting 50% of service rendered as Part-Time Panchayat Clerk under Rule 11 of the Tamil Nadu Pension Rules, 1978 is correctly extended by the Writ Court
Final Decision
The appeal is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
Law Points
- Pension is deferred portion of wages
- operates within framework of Rules
- Rule 11 of Tamil Nadu Pension Rules
- 1978 is a welfare provision
- counting 50% of temporary service is an additional benefit not to be used to claim full period
Case Details
2026 LawText (MAD) (06) 148
WA No. 1681 of 2026 and C.M.P.Nos.15395 & 15398 of 2026
S. M. Subramaniam, N. Senthilkumar
Dr.R.Gouri, Government Counsel for appellant(s); Ms.T.Hemalatha for respondent(s)
The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Fort St. George, Chennai – 009; The Director of Rural Development Department, Panagal Maligai, Saidapet, Chennai - 015; The District Collector, Namakkal District, Namakkal
P.Krishnan (PPO. No.C225030), S/o. Pappu Reddiyar, Varagur Post, Namakkal Tk, Namakkal Dt - 207
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Nature of Litigation
Intra-court appeal against order of Writ Court extending benefit of counting 50% of service rendered as Part-Time Panchayat Clerk
Remedy Sought
Appellants sought to set aside the order dated 18.01.2024 made in WP No. 27327 of 2023
Filing Reason
Challenge to the extension of benefit of counting 50% of part-time service for pension
Previous Decisions
Writ Court order dated 18.01.2024 in WP No. 27327 of 2023 extended the benefit; Division Bench common judgment dated 23.06.2026 in W.A.No.1569 of 2026 etc. batch examined similar claims
Issues
Whether the benefit of counting 50% of service rendered as Part-Time Panchayat Clerk under Rule 11 of the Tamil Nadu Pension Rules, 1978 is correctly extended
Submissions/Arguments
Appellants submitted that in similar circumstances, a Division Bench examined the claim and passed a common judgment on 23.06.2026 in W.A.No.1569 of 2026 etc. batch, which held that pension operates within the framework of Rules and Rule 11 is a welfare provision that cannot be used to claim full period
Ratio Decidendi
Pension is a deferred portion of wages and operates within the framework of the Tamil Nadu Pension Rules, 1978. Rule 11 is a welfare provision that stipulates counting 50% of temporary service along with regular service, and this additional benefit cannot be used to claim counting of the full period of service.
Judgment Excerpts
Pension is the deferred portion of the wages for the services rendered by a government employee. Therefore, pension, though given the status of a right under the constitution still exists within the contours of the scheme framed by the Government under relevant Rules i.e, Rules, 1978.
The framework of Rule 11 of the Pension Rules is more of a welfare provision, as it stipulates counting 50% of temporary service along with the actual period of regular service of a Government employee. When the Government has given an additional benefit over and above the counting of regular service, this cannot be used as a ladder to claim counting of the full period of service rendered by Government servants on a temporary basis.
Procedural History
The Writ Court (single judge) passed an order on 18.01.2024 in WP No. 27327 of 2023 extending the benefit of counting 50% of service rendered as Part-Time Panchayat Clerk. The State filed an intra-court appeal under Clause 15 of the Letters Patent on 29.06.2026. The Division Bench dismissed the appeal, upholding the Writ Court order.
Acts & Sections
- Tamil Nadu Pension Rules, 1978: Rule 11
