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Madras High Court· 09 September 2026

Can temporary service be counted under Rule 11(4) of the Tamil Nadu Pension Rules only where the appointment preceded the cut-off date?

TMT.M.UMA MAHESWARI v. THE REGISTRAR GENERAL
WP.48311/2025 · 2026:MHC:3735 · W.P.NO.48311 OF 2025
Coram: Justice S.M.Subramaniam · Justice Krishnaswamy Govindarajan
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Answer

Temporary service can be counted under Rule 11(4) of the Tamil Nadu Pension Rules only where the appointment preceded the cut-off date.

Yes. Temporary service can be counted under Rule 11(4) of the Tamil Nadu Pension Rules only where the appointment preceded the cut-off date. The proviso to Rule 1(2) excludes Government servants appointed on or after 1 April 2003 from those Rules, whether temporary or permanent, so the question of counting temporary service arises only for earlier appointees. (¶12, 13)

Headnote

Tamil Nadu Pension Rules, 1978 — Rule 1(2) proviso — Rule 11(4) — Old Pension Scheme — Cut-off date — Date of appointment — Tamil Nadu Pension Rules, 1978 — Rule 1(2) proviso — Cut-off date — Date of the appointment order governs — Held: The date on which the appointing authority issues the order of appointment, and not an earlier instruction to appoint, is the date reckoned for pensionary benefits. (¶5, 10) Tamil Nadu Pension Rules, 1978 — Rule 11(4) — Counting temporary service — Appointment before the cut-off date — Held further: Temporary service can be counted only where the appointment was made before the cut-off date; the 1978 Rules do not apply to a later appointee. (¶12, 13) Tamil Nadu Pension Rules, 1978 — Erroneous recital of a benefit — No right conferred — Held further: Wrong quoting of a benefit in an order of an authority confers no right and cannot supersede the Rules. Writ petition disposed of. (¶15, 17)

Headnote

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In the Court's own words
Paragraph 12Consequent to the introduction of the New Pension Scheme i.e., Contributory Pension Scheme, the Tamil Nadu Pension Rules, 1978 was amended. Rule (1)(2) proviso clause of the Tamil Nadu Pension Rules, 1978 stipulates that “provided that these rules shall not apply to Government Servants appointed on or after the 1 st April 2003, to services and posts in connection with the affairs of the State which are borne on pensionable establishments, whether temporary or permanent.”
Paragraph 13Question of counting temporary service under Rule 11(4) of the Tamil Nadu Pension Rules, 1978, would arise only where the appointments were made before the cut-off date, i.e., 01.04.2003.
Acts & Sections
Rule 1(2) Tamil Nadu Pension Rules, 1978Rule 11(4) Tamil Nadu Pension Rules, 1978Rule 16(a)(i) Tamil Nadu Judicial Ministerial Service RulesRule 16(e)(i) Tamil Nadu Judicial Ministerial Service Rules

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Also decided in this judgment
Is the date of the appointment order, and not an earlier instruction, reckoned for pensionary benefits?Does wrong quoting of a benefit in an order of an authority confer a right that supersedes the service rules?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections