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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN, K.K.RAMAKRISHNAN
Additional Chief Secretary to Government, Revenue and Disaster Management Department – Appellant
Versus
K. Marimuthu – Respondent
| Table of Content |
|---|
| 1. deprivation of pension for village assistants. (Para 1 , 2 , 3) |
| 2. legal question regarding service classification. (Para 4 , 5) |
| 3. clarification of 'non-provincialised service' in pension context. (Para 6 , 7 , 9) |
| 4. government's method of pension calculation. (Para 8) |
| 5. final ruling dismissing the appeals. (Para 10) |
ORDER :
K.K.RAMAKRISHNAN, J.
1. These appeals have been filed to set aside the orders dated 14.03.2024, passed in W.P.(MD).Nos.964, 965, 963 of 2024 & WP(MD)Nos.13537 & 20850 of 2023.
2. The respondents were earlier working in non-provincialised service as Thalaiyaris. Subsequently, the said post was abolished under the Tamil Nadu Abolition of Posts of Part-time Village Officers Act , 1981. Thereafter, they were appointed as Village Assistants as full-time employees vide G.O.Ms.No.625 with effect from 01.06.1995 and were later promoted to the post of Village Administrative Officer. As per the TAMIL NADU PENSION RULES , 1978, their service rendered as Village Assistants cannot be counted for pensionary benefits. Consequently, they were deprived of pension and hence they sought relief to calculate their entire service, including the period served as Village
Service of Village Assistants post 01.06.1995 is not non-provincialised; thus, full service counts for pension eligibility under Tamil Nadu Pension Rules.
Service as Village Assistant counts towards pension benefits despite subsequent promotions under Tamil Nadu Pension Rules.
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....
Part-time employment cannot be considered for pension calculation under applicable service rules, regardless of past incorrect orders granting such benefits to others.
Regularized Village Assistants are entitled to count entire service as Village Assistant for pensionary benefits.
Services under G.O.(Perm) No.625 of 06.07.1995 are countable for pension benefits.
Services rendered as Village Assistant and Office Assistant must be counted for pensionary benefits if services were regularised as per G.O.(Perm) No.625.
Service as Village Assistant after regularisation shall be counted for pensionary benefits as per G.O.(Perm) No.625.
Services rendered as Village Assistant prior to regularisation are countable for pension benefits under prior precedents.
Services rendered as Village Assistant and Office Assistant prior to regularization are countable for pensionary benefits.
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