P. Palaniyandi vs The Director of Pension, Public Works Department, Superintending Engineer, Public Works Department, Water Resource Organisation, Asst. Executive Engineer, Public Works Department, Periyar Main Canal Sub-Division-II and Executive Engineer, Public Works Department, PMC Division

D. Hariparanthaman, J.—The Petitioner, was appointed as NMR in the year 1978. He was regularised in service from 01.07.1988, on completion of 10 years of service. He has retired from service on reaching the age of superannuation. He wanted his NMR services to be accounted for the purpose of computing pension and terminal benefits. The 3rd Respondent by his order dated 28.12.1999, has refused to take into account the NMR services for the purpose of computing pension and terminal benefits. The Petitioner filed O.A. No. 5743 of 2000 (W.P. No. 7189 of 2006), to quash para ''2'' of the order dated 28.12.1999 of the 3rd Respondent.

The learned Counsel for the Petitioner submitted that in view of G.O.Ms. No. 408, Finance (Pension) Department dated 25.08.2009, counting 50% of the NMR services, para ''2'' of the impugned order has to be quashed.

The learned Government Advocate has not disputed the issuance of G.O.Ms. No. 408, Finance (Pension) Department dated 25.08.2009, counting 50% of the NMR services for the purpose of computing pension and other terminal benefits.

In these circumstances, the writ petition is allowed and para ''2'' of the impugned order refusing to count NMR services for the purpose of computing terminal benefits is quashed and a direction is issued to the Respondents to count 50% of the NMR services of the Petitioner for the purpose of computing pension and other terminal benefits, as per G.O.Ms. No. 408, Finance (Pension) Department dated 25.08.2009.

The writ petition is allowed in the above terms. No Costs.