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

No. Rule 11 of the Tamil Nadu Pension Rules, 1978 stipulates counting 50% of temporary service along with the actual period of regular service, but 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. Part-Time Panchayat Clerks later absorbed as Junior Assistants therefore cannot have 50% of their part-time service reckoned as qualifying service.

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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