Can part-time service be counted as qualifying service for pension under the Tamil Nadu Pension Rules, 1978?

Tamil Nadu Pension Rules, 1978 — r.11(2), r.11(4) — Constitution of India — Art.14 — Part-time service — Qualifying service for pension — Status as precedent — Tamil Nadu Pension Rules, 1978 — r.11 — Counting 50% of temporary service — whole-time job only — Held: The benefit of counting 50% of temporary service as qualifying service is confined by Rule 11 to an employee employed in a whole-time job, and is not available for a part-time job. (¶6) Constitution of India — Art.14 — Orders contrary to the Rules — loss of status as precedent — Held further: Article 14 cannot be invoked for perpetuating illegality, and orders running counter to Rule 11(2) and 11(4) lose their status as precedent. Writ appeal allowed. (¶6, 7)

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“ 26. 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. Therefore, though it is a right, it still operates within the framework as designed by the Government. 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. In respect of counting 50% of temporary service, the Rule in unambiguous terms reiterates that the benefit is to be extended to employees employed in a whole-time job and not in a part-time job. 27. In the present batch of appeals, the grounds for relief are based on the Government Orders implementing Court orders, and certainly not on the foothold of the Rules/law in place. Consequently, such individual orders have been followed as precedent in similarly placed consequential cases, creating a spinning wheel of precedent to choose from, thereby causing inconsistency and diluting the actual Rules/law in force. 28. The question arises: when certain orders relied on are running counter to the Pension Rules in force, and have been passed merely by relying on earlier orders as well as Government Orders implementing those court orders, can such orders be followed in perpetuity? 29. In this regard, reliance has been placed on the Full Bench judgment in the case of P.L.S. Palaniappan cited supra. It is considered that Article 14 of the Constitution of India cannot be invoked for perpetuating illegality. A wrong order passed in one case cannot be made the basis for compelling a public authority to pass a similar order in any other case. Even if the State implements an erroneous order passed by the Court, it cannot be precluded from challenging a similar order passed in another case, simply because an appeal was not preferred in the earlier case. CONCLUSION: 30. Relying on the legal principle considered as above, this Court could arrive at the irresistible conclusion that those Government Orders and the judgments of the Single Judges and the Division Bench, running counter to the ratio laid down by the Full Bench judgments cited supra, cannot be a ground to claim the relief of counting of 50% of service in respect of part-time service rendered. The said benefit is to be granted strictly in accordance with the Pension Rules. 31. Therefore, all the orders of the learned Single Judges and Division Bench judgments, running counter to Rule 11(2) and 11(4) of the Rules, 1978 and contrary to the judgments of the Full Bench of this Court, have denuded to lose its status as precedent and cannot be followed for granting the relief of counting of 50% of service rendered by Part-Time Panchayat Clerks, or employees served in part-time employment.”