The main legal point established in the judgment is the entitlement of Thalayari/Village Assistants to pension as per the Tamil Nadu Pension Rules, 1978, by considering the period of service rendered prior to 01.06.1995 for the purpose of calculating pension.

1. The above Writ Petitions have been filed to issue a Writ of Mandamus, to direct the Respondents to sanction the Pensionary benefits to the Petitioners from the date of appointment calculating the Petitioners’ service from the date of their appointment.

2. The petitioners in all these Writ Petitions were originally appointed as “Thalayari/Village Assistant” on different dates between the year 1973 and 1981. Though the petitioners in these Writ Petitions were appointed on permanent basis, they were not given any fixed regular time scale of pay, having regard to the nature of work. Though the petitioners in all these Writ Petitions were working continuously, their service were regularized only in the year 1995 with effect form 01.06.1995. The period between which the petitioners were appointed and served as Thalayari on consolidated pay and the date on which the petitioners were absorbed as Village Assistant and working in the regular time scale of pay are indicated in the table given below:-

Sl.No	Name of the petitioner	Period Served as Thalayari on consolidated pay	Period Served as Village Assistant in the regular time scale of pay
1.	R.Mariyappan (W.P. (MD) No. 12262 of 2016)	12.02.1982 to 31.05.1995	01.06.1995 to 31.05.2004
2.	C.Udaiyar (W.P.(MD)No. 12521 of 2016)	01.03.1975 to 31.05.1995	01.06.1995 to 28.02.2005
3.	K.Vallinayagam (W.P.(MD)No. 12522 of 2016)	17.07.1973 to 31.05.1995	01.06.1995 to 31.05.2005
4.	S.Gurusamy Thevar (W.P.(MD)No. 12523 of 2016)	24.02.1976 to 31.05.1995	01.06.1995 to 31.05.2005
5.	I.Arulappan (W.P.(MD)No. 12524 of 2016)	22.02.1980 to 31.05.1995	01.06.1995 to 30.04.2005
6.	K.Thangapandian (W.P.(MD)No. 12525 of 2016)	30.09.1978 to 31.05.1995	01.06.1995 to 31.05.2003
7.	A.Visuvasam (W.P.(MD)No. 12526 of 2016)	11.12.1976 to 31.05.1995	01.06.1995 to 31.10.2000
8.	M.Muthaiah (W.P. (MD)No.12527 of 2016)	21.10.1981 to 31.05.1995	01.06.1995 to 30.06.2004

3. Though the petitioners in these Writ Petitions have completed more than 15 years of service as “Thalayari/Village Assistant”, their service before regularization was not taken into account for calculation of pension, on the ground that the services put in by the petitioners in these Writ Petitions, after regularization as “Thalayari/Village Assistant” fall short of 10 years and therefore the petitioners were not given pensionary benefits. It was therefore several representations were made by the petitioners.

4. Though this Court has earlier passed several orders accepting the case, of similarly placed persons and granted relief by directing the respondents to calculate 50% of their service during which the petitioners were serving as “Thalayari/Village Assistant” on consolidated pay, as qualified service and the respondents have also implemented the orders of Court in several cases, the benefits were not given to the petitioners in these Writ Petitions. Hence, they have filed the above Writ Petitions.

5. Mr. S. Visvalingam, learned counsel appearing for the petitioners relied upon the Rule 11(4) of Tamil Nadu Pension Rule, 1978, which reads as follows:

“.....11. Commencement of qualifying service.-(1) Subject to the provisions of these rules, qualifying service of takes charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity. In the case of a Government servant retiring on or after the 1st October, 1969, temporary or officiating service in a pensionable post whether rendered in a regular capacity or not shall count in full as qualifying service even it is not followed by confirmation.”.....

6. The learned counsel appearing for the petitioners has also relied upon few judgments of this Court in a batch of Writ Petitions in W.P.(MD)Nos.11094 to 11101 of 2008, dated 06.03.2009. The learned singl