Service rendered on a consolidated pay, honorarium, or daily wage basis in a non-provincialized capacity cannot be reckoned as 'qualifying service' for pension purposes under the Tamil Nadu Pension Rules, 1978, unless the appointment was made against a sanctioned cadre post.

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to count 50% of the service rendered on consolidated pay in the post of Village Karnam along with the service rendered in the post of Village Administrative Officer as qualifying service for the purpose of pension and grant to all consequential benefits on the based on the representations dated 20.06.2024, 22.08.2024, 08.01.2025 and 04.09.2025 within stipulated time may be fixed by this Court.

For Petitioners : Mr.R.Murugabharathi

For Respondents : Mr.K.Surendran, Additional Government Pleader

ORDER

This writ petition has been filed for direction directing the respondents to count 50% of the service rendered on consolidated pay in the post of Village Karnam along with the service rendered in the post of Village Administrative Officer as qualifying service for the purpose of pension and grant to all consequential benefits.

2. The petitioner was initially appointed as Village Karnam and Musif at Villangadu Village, Thiruvarur District. After abolition of the post of Village Karnam, he was appointed to the post of Village Administrative office on 11.08.1982. Thereafter, due to attainment of superannuation, he was retired from service on 31.05.2006. Now the petitioner submitted representation to count 50% of his service rendered as Village Karnam from the date of appointed viz., 29.04.1977 till 10.08.1982 for the purpose of pension and other consequential benefits.

3. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

4. This issue has already been dealt with in detailed manner by the Hon’ble Division Bench of this Court at Madurai Bench in a batch of Writ Appeals in W.A.No.1629 of 2018 etc., by an order dated 26.02.2021. The relevant portion is as follows :-

“18.We have already took note of the relevant Rules. A perusal of the Tamil Nadu Village Servants Conduct Rules, 1983, clearly states the status and position of Writ Petitioners. Certainly, they come under the definition 'Village Assistants'. However, Rule 3, which facilitate a Village Servant to take job of part-time work or occupation, makes it abundantly clear that he is only a part time Government Servant. Similarly, Rule 14 of Tamil Nadu Village Servants Service Rules, 1980 , which gives a succour to a part-time Government servant, as that of the respondents, gives a specific compensation. A conjoint reading of the aforesaid Rules would show that a Village Servant/Assistant was having a part- time service alone.

19.Now, let us go into the subsequent Government Orders passed, followed by Rules viz., Tamil Nadu Village Assistants Pension Rules, 1995 . We have already discussed the Government Order, which came into existence only at the instance of the respondents Village Assistants, who were working in such capacity as part timers. For the first time, under the said Government Order, a regular time scale of pay came into existence. This is a very important point to be noted with respect to the status of the respondents as part-time Talayaris and they have been brought into regular Government Service. Therefore, regular time scale of pay was fixed with effect from 01.06.1995. The subsequent Rules have been framed to take care of their interest. We may note that Rule 2 to reiterate the aforesaid position, which does not create any doubt in our mind. Under Rule 7 , the eligibility of a Village Assistant would arise only when a Village Assistant renders qualifying service. Similarly, under Rule 4(a), the length of service for calculation of pension and gratuity, temporary, o