JUDGMENT :

M.M. Sundresh, J.

1. In these batch of Writ Appeals, we are concerned with the issue of entitlement of 50% of the service rendered prior to the change of status as Full Time Government Servants, insofar as Village Headman/jiyahhp. and recruitment made afresh for erstwhile Karnam (Village Officers) appointed on a hereditary basis.

2. This Court in a catena of judgments held that 50% service rendered as part time employees without a cadre post can still be counted in accordance with the rules. Some of the decisions rendered, placing reliance upon the earlier decisions, attained finality with the dismissal of the Special Leave Petitions and thereafter due implementations made.

3. There are two different types of Government servants in these batch of Writ Appeals. In one set of cases, qua village headmen, they were employed earlier on a part time basis not borne on a cadre post and the second set of cases involve Village Karnams appointed afresh by going through the process of selection through the rules framed, while the earlier one was hereditary without any qualification prescribed.

4. Before considering the issues raised in these Writ Appeals, let us have a fresh look at the facts along with the provisions governing the posts.

5. The Village Headmen (Talayaris) were appointed on a part time basis decades ago. They were brought under the rules framed in exercise of power conferred under Section(sic Article) 309 of the Constitution of India in supersession of the Tamil Nadu Village Officers Service Rules, 1970 and of the Tamil Nadu Village Officers Service Rules, 1978. Thereafter, Tamil Nadu Village Servants Conduct Rules, 1983 came into the picture. These rules have been made applicable to all those appointed under the Madras Proprietary Estates' Village Service Act, 1894. Thus, these Rules were made applicable to the part-time service of Village Headman/Village Servant, who continue to hold the same status. We may note, Village Assistant, Village Servant and Village Headman are all one and the same.

6. In the year 1978, separate pension rules have been brought forth for the Government servants working in the State of Tamil Nadu. Of this, Rule 11 speaks of reckoning the qualifying service rendered by a Government servant prior to the regular service. Explanation to Rule 11 has been brought forth with effect from 01.01.1979 and Rule 11(2) with effect from 15.04.1996 and Rule 11(3) with effect from 14.02.1996. Similarly Rule 11(4) has been brought into the statute from 09.02.2010.

7. As the Village Servants viz., Talayaris were not brought under the regular full time employment, they made several representations, right from the year 1980 and to consider the request made, a High Level Committee was constituted. Accordingly, a recommendation was made to make such part time Village Servants/Village Assistants as full time Government servants. The aforesaid recommendation was accepted by the Government in G.O.(Ms.) No. 625, Revenue Department, dated 06.07.1995, indicating that separate rules should be made for them. Accordingly, another Government order was passed in G.O.(3D) - No. 9, Revenue (Ser. 7(1)) Department, dated 28.02.2006, paving the way for Tamil Nadu Village Assistant Pension Rules, 1995.

8. These persons were admittedly not given pension in tune with Rule 11 of the Tamil Nadu Pension Rules, 1978 on two grounds viz., the same is not applicable to them and they are having separate set of rules. Writ Petitions have been filed in most of the cases and after few decades of their superannuation, the Writ Petitions were accordingly, allowed.

9. The second set of cases involve the Village Officers, viz., Karnams. These persons were originally made as such, by way of hereditary rights for life. Therefore, neither there was any qualification involved nor it is based upon any tenure. An ordinance was passed, which was replaced by the enactment called "The Tamil Nadu Abolition of the Posts of Part-Time Village Officers Act, 1981 (