Fifty percent of temporary service rendered by Village Assistants prior to regularisation must be counted as qualifying service for pensionary benefits to prevent exploitation and ensure fairness in alignment with State service regulations.

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to consider the petitioner representation dated 27.02.2025 and pass an orders on it by considering the petitioner’s 50% of service as Village Assistant (Thalayari) from the date of appointment of the petitioner from 31.08.1986 to 01.06.1995 along with regular service as Village Assistant to the date of retirement for calculating their pension as per the Tamil Nadu Pension Rules 1978 and also grant revised pension to them pursuant to this Hon’ble Court order in W.P.No.15984 of 2020 date 31.08.2023 and W.P.No.2413 to 2439 of 2020 dated 06.08.2024 and W.P.No.35801 of 2024 dated 02.12.2024 within stipulated period.

For Petitioner : Mr.P.V.Selvakumar

For R1, R3 and R4 : Mr.S.Yashwanth

Additional Government Pleader

For R2 : M/s S.Vardini Karthik

Standing Counsel

ORDER

This Writ Petition has been filed for direction directing the respondents to consider the petitioner representation dated 27.02.2025 and pass an orders on it by considering the petitioner’s 50% of service as Village Assistant (Thalayari) from the date of appointment of the petitioner from 31.08.1986 to 01.06.1995 along with regular service as Village Assistant to the date of retirement for calculating their pension as per the Tamil Nadu Pension Rules 1978 and also grant revised pension to them pursuant to this Hon’ble Court order in W.P.No.15984 of 2020 date 31.08.2023 and W.P.No.2413 to 2439 of 2020 dated 06.08.2024 and W.P.No.35801 of 2024 dated 02.12.2024 within stipulated period.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner was appointed as Village Assistant on 31.08.1986. Thereafter, he was brought under the time scale of pay by G.O.Ms.No.625, dated 06.07.1995. Though he had retired from service, only the period of service from the date of regularisation till retirement was taken into account for pensionary benefit. The earlier period of service, from the date of initial appointment till regularisation, was not calculated for pensionary benefit.

4. The very same issue has already 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 held as follows:

“ 25. In the case on hand, the petitioners have claimed 100% of past services up to 31.05.1995. Before moving further, the points so far settled without any confusion can be jotted down below:

(i) The inclusion of qualifying service for pension would arise only if the village assistants were made regular on and from 01.06.1995.

(ii) Half of the services of the Village Assistants with effect from 01.06.1995 can be counted, if such service is followed by a regular VAO / Office Assistant through promotion prior to 01.04.2003, as per Rule 11(4) of the Tamil Nadu Pension Rules 1978.

26. As stated in the beginning of the discussion in view of the W.P.Nos.18734, 18582, 18738, 18742 of 2020 & WP.Nos.11055, 26256, 11512 of 2021 orders issued by the courts full services were allowed to be included and Government has also been issuing various orders for implementing the above order. However, Mr. Haza Nazruddin pointed out by placing reliance on the decision of the Division Bench of the Hon'ble Supreme Court in Directorate of Film Festivals and others Vs. Gaurav Ashwin Jain and others [reported in (2007) 4 SCC 737] that if in any earlier case any favourable order is given in favour of an individual by taking a view contrary to law, the same can not be taken as a precedent in the subsequent case on the ground of equality. In the said judgement it is held as under:

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