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State of Tamilnadu - Section

Section 42 in Tamil Nadu Pension Rules, 1978

42. Regulation of Amounts of Pension.

(1)A Government servant, who, under Fundamental Rule 56 (d), retires voluntarily or is required by the appointing authority to retire in the public interest shall be entitled to a retiring pension.
(2)[ (a) A Government servant including a Government servant in the Tamil Nadu Basic Service retiring voluntarily after 20 years service or 50 years of age under sub-rule (3) of rule 56 of the Fundamental Rules shall be entitled to a retiring pension which shall be calculated after giving weightage upto 5 yearn in addition to the qualifying service rendered by him subject to the condition that the total qualifying service rendered by such Government servant, including the weightage does not, in any case, exceed thirty years of qualifying service and it does not take him beyond the date of superannuation, as the case may be. The weightage shall be calculated in accordance with Fundamental Rules 56 (3) (d) (i) as specified in the Table below:-
Weightage with reference to Qualifying Service Weightage with reference to Age
(1) (2)
Qualifying Service Weightage Age Weightage
For all Government Servants For all Government Servants other thanGovernment Servants in the Tamil Nadu Basic Service
25 years and below 5 years of weightage 53 years and below 5 years of weightage
26 years 4 years of weightage 54 years 4 years of weightage
27 years 3 years of weightage 55 years 3 years of weightage
28 years 2 years of weightage 56 years 2 years of weightage
29 years 1 year of weightage 57 years 1 year of weightage
    For Government Servants in the Tamil Nadu Basic Service
55 years and below 5 years of weightage
56 years 4 years of weightage
57 years 3 years of weightage
58 years 2 years of weightage
59 years 1 year of weightage
(b)The weightage given shall be in addition to the qualifying service, the purpose of pension and gratuity only and it shall not entitle a Government servant retiring voluntarily to any notional fixation of pay for purpose of calculating pension and gratuity. The pension shall be determined based on the 50% of the average emoluments drawn during the last ten months of service rendered or 50% of pay last drawn plus dearness pay, if any, admissible from time to time, by the Government servant, whichever is higher.]
(3)[ For purposes of this rale, the expression "appointing authority" shall mean the authority which is competent to make appointments to the service or post from which the Government servant retires.] [Rule 42(3) added-G.O.Ms.No.1.115, Finance (BG.III) Department, dated 12-12-1980.]