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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.JAYACHANDRAN, K.K.RAMAKRISHNAN
Additional Chief Secretary to Government – Appellant
Versus
K. Marimuthu – Respondent
ORDER :
Mr. K.K.RAMAKRISHNAN, J.
1. These appeals have been filed to set aside the orders dated14.03.2024, 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 Assistants and Village Administrative Officers. The said claim was contested by the Government by placing reliance on the clarification issued vide Letter No. 39161/Ser.8(1)/2018-5, dated 20.11.2019, of the Additional Chief Secretary to Government, contending that the Village Assistant service could not be taken into account once th
Service as Village Assistant counts towards pension benefits despite subsequent promotions under Tamil Nadu Pension Rules.
Service of Village Assistants post 01.06.1995 is not non-provincialised; thus, full service counts for pension eligibility 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.
Village Assistants regularised under G.O. No.625 entitled to count entire service for pensionary benefits.
Court confirms full service as Village Assistant qualifies for pension despite earlier limits set by administrative orders.
Regularized Village Assistants are entitled to count entire service as Village Assistant for pensionary benefits.
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