Case Note & Summary
The writ petition was filed by the petitioner challenging an order dated 12.06.2023, which rejected her request to consider 50% of her part-time service for pension computation. The petitioner had served as a part-time writer from 01.09.1965 to 28.12.1990 and later as a Junior Assistant from 27.12.1990 until her retirement on 31.07.2004. She contended that her part-time service should be counted for pension as per G.O.Ms.No.39 dated 13.06.2011. However, the respondents argued that Rule 11 of the Tamil Nadu Pension Rules, 1978, specifically excludes part-time service from qualifying service for pension. The court noted that a previous executive order (G.O.Ms.No.77) denying the computation of part-time service was quashed, restoring the position under G.O.Ms.No.39. Nevertheless, the court emphasized that statutory rules take precedence over executive orders. The court found that the petitioner failed to provide evidence that her part-time service was equivalent to full-time service. Ultimately, the court dismissed the writ petition, confirming the rejection of the petitioner's request based on the statutory rule. The decision was made on 10-09-2026.
Headnote
A) Pension Law - Computation of Pension - Eligibility of Part-Time Service - Tamil Nadu Pension Rules, 1978, Rule 11 - The court held that part-time service cannot be counted for pension computation as per Rule 11(2) of the Old Pension Rules, which explicitly excludes part-time service from qualifying service. The court confirmed the rejection of the petitioner's request based on the statutory rule prevailing over the executive order. (Paras 10-12)
Issue of Consideration
Whether the petitioner is entitled to have 50% of her part-time service counted for pension computation.
Final Decision
The court dismissed the writ petition, confirming the rejection of the petitioner's request to count part-time service for pension computation based on Rule 11(2) of the Old Pension Rules.
Law Points
- Pension computation
- part-time service
- executive orders
- statutory rules
- qualifying service
