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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
MR.JUSTICE BATTU DEVANAND, J
S.Thavamunisamy – Appellant
Versus
Accountant General (Accounts and Entitlements) – Respondent
ORDER :
This writ petition has been filed seeking a direction to the respondents to count the 50% of the petitioner's service as full time GramaKavalar/Thalayari/Village Assistant from 08.12.1989 to 01.06.1995 for the purpose of calculation pension along with the regular service and consequently direct the respondents to pass order to disburse 100% pension for the period between 01.06.1995 and 30.04.2020 with arrears and to send revised pension proposal.
2. The petitioner was appointed as a temporary Village Kavalar/Thalayari/Village Assistant on 16.09.1989. Thereafter, he was regularized vide GO.Ms.No.625 of 1995 Revenue Department dated 01.06.1995. Thereafter the petitioner was promoted to the post of Village Administrative Officer by an order of District Revenue Officer, Virudhunagar. Though he was retired from service, his service from regular regularisation till their retirement only was calculated for pension purpose. His earlier service from the date of joining till the regularisation was not calculated for pensionary benefit.
3. The very same issue has been dealt with by this Court in detailed manner in WP.Nos.18734, 18582, 18738 & 18742 of 2020 dated 18.03.2024, wherein it is
The court ruled that past service of Village Assistants can be counted for pension calculation, emphasizing that each case must be evaluated on its own merits without relying on previous illegal orde....
The court ruled that prior part-time service of Village Assistants cannot be counted for pension calculations under the Tamil Nadu Village Assistants' Pension Rules, affirming the principle that erro....
Part-time employment cannot be considered for pension calculation under applicable service rules, regardless of past incorrect orders granting such benefits to others.
The main legal point established in the judgment is the need to follow Rule 11(2) of the Pension Rules and the Full Bench Judgement in determining the eligibility for pensionary benefits.
Service as Village Assistant counts towards pension benefits despite subsequent promotions under Tamil Nadu Pension Rules.
The main legal point established in the judgment is that the phrase 'job involving whole time employment' in Rule 11(4) of the Tamil Nadu Pension Rules should be interpreted broadly to include part-t....
The Court held that full service as Village Assistant is countable for pension calculation, reinforcing previously established legal precedents.
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