1. Heard both sides. In view of the abolition of the Tribunal, the matter stood transferred to this court and was renumbered as W.P.No.31463 of 2006.

2. The petitioner had filed O.A.No.9975 of 1997, challenging an order of the first respondent, dated 28. 1997 and the connected proceedings of the second respondent, dated 210. 1997.

3. By the impugned order, the petitioner was informed that he will not be paid wages for the period from 28.06.1991 to 12.01.1995 being the period under which he was kept under suspension. He was told that the fundamental rules will not apply to part time village assistants and therefore, his request for grant of wages was rejected.

4. The petitioner was employed as a Thalaiyari in the Keezhathiruvengadanathapuram Village, Palayamkottai Taluk since the year 1958. Subsequently, the post was redesignated as a Village servant and further, renamed as Village Assistant. The post of Village Assistant was governed by the Rules framed under Article 309 of the Constitution and were known as Tamil Nadu Village Servant Service Rules, 1980. Under Rule 13 of the said rules, the age of superannuation was fixed as 60 years. Under Rule 15, it was stated tha