The State of Tamil Nadu is in appeal before us challenging the judgment dated 20 11 1990 passed by the Tamil Nadu Administrative Tribunal, by which the respondent was held entitled to companynt the period from 28 6 1950 the date on which he was appointed till 3 12 1962 as the period for the benefit of pension under the Tamil Nadu Pension Rules, 1978.
It is pointed out that, prior to 1 10 1970, the respondent was being paid a fixed salary every month and, therefore, the period from 28 6 1950 to 2 12 1963 cannot be companynted for purposes of pension particularly as the respondent has already been paid one months pay for every companypleted year of service for the period aforesaid.
The companytention of the learned companynsel appearing on behalf of the State of Tamil Nadu is that the post of Section Writer which was held by the respondent was brought under graded pay with effect from 1 10 1970, and, therefore, he would be entitled to pension only with effect from that date.
The other companytention was that Section Writers would be entitled to companynt the period of service for purposes of pension only with effect from 1 10 1970 as it is from that date that the post was brought under graded pay.
A perusal of the judgment passed by the Tribunal indicates that the State Government had companytended that the respondent was number entitled to companynt the period from 1950 to 1963 for purposes of pension, as he had rendered only temporary service for that period.
It was held that on the basis of that date, the employees companyld number be categorised into two classes.
Both the companytentions were rejected.
