Does a rule counting half of an employee's temporary service towards pension extend to part-time service?

No. Rule 11 of the Tamil Nadu Pension Rules, 1978 is a welfare provision counting 50% of temporary service along with the actual period of regular service, and in unambiguous terms confines that benefit to an employee employed in a whole-time job. It cannot be used as a ladder to claim the counting of the full period of temporary service, nor extended to part-time employment such as that of a Part-Time Panchayat Clerk.

Tamil Nadu Pension Rules, 1978 — r.11 — r.11(2) — r.11(4) — Part-time service — Counting of 50% of temporary service — Constitution of India — Art.14 — Precedent — Tamil Nadu Pension Rules, 1978 — r.11 — Benefit confined to whole-time service — Held: Rule 11 counts half of temporary service only for an employee in a whole-time job, not for part-time service; pension, though a right, operates within the scheme the Rules frame. (¶2) Constitution of India — Art.14 — A wrong order is not a precedent to be repeated — Held further: Article 14 cannot be invoked to perpetuate an illegality, and orders running counter to Rule 11(2) and 11(4) and to the Full Bench lose their status as precedent. Appeal allowed. (¶2, ¶3)

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