Court confirms full service as Village Assistant qualifies for pension despite earlier limits set by administrative orders.

6.The Tahsildar, Uthamapalayam Taluk, Theni District. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the pension order in PPO No.R0125529/VAO dated 25.07.2023 passed by third respondent and quash the same and further direct the respondent No.6 to send fresh pension proposal to the third respondent by calculating the service of petitioner from 01.06.1995 as Village Assistant in time scale of pay and till the date of retirement dated 31.05.2024 in the post of Village Administrative Officer accumulating 28 years of pensionable service, along with 50% of consolidated pay service period from 11.02.1985 to 01.06.1995 with all attendant benefits.

For Petitioner : Mr.T.S.Mohamed Mohidheen For Respondents : Mr.S.Shaji Bino (R1, R2 & R4 to R6)

Special Government Pleader : Mr.P.Gunasekaran (R3)

Standing Counsel

ORDER

This Writ Petition has been filed seeking a Writ of Certiorarified Mandamus to quash the pension order in PPO No.R0125529/VAO dated 25.07.2023 passed by third respondent and consequently direct the sixth respondent to send a fresh pension proposal to the third respondent by calculating the service of petitioner from 01.06.1995 as Village Assistant in time scale of pay and till the date of retirement dated 31.05.2023 in the post of Village Administrative Officer accumulating 28 years of pensionable service, along with 50% of consolidated pay service period from 11.02.1985 to 01.06.1995 with all attendant benefits.

2.The petitioner herein was initially appointed as Thalaiyari/Village Assistant on 11.02.1985. Subsequently, through G.O(Ms)No.625, Revenue Department dated 06.07.1995, the services of the petitioner were brought into the regular time scale of pay. The petitioner continued in the said post of Village Assistant till 01.03.2019, ie., the date on which the petitioner was promoted to the post of Village Administrative Officer. Thereafter, the petitioner retired from service on 31.05.2023 on attaining the age of superannuation. Thereafter, the pension proposal of the petitioner was submitted and accordingly the pension proceedings dated 25.07.2023 came to be issued. However, while fixing the pension, the service rendered by the petitioner as Village Assistant from 01.06.1995 to 01.03.2019 was not fully taken into consideration for the purpose of fixation of pension and only 50% of the said service was taken into consideration. Under those circumstances, the petitioner has approached this Court by filling the present Writ Petition challenging the proceedings bearing PPO No.R0125529/VAO dated 25.07.2023 passed by the third respondent and sought for counting of the entire service rendered by him as Village Assistant for the purpose of fixation of pension.

3.The respondents filed a counter-affidavit resisting the claim made by the petitioner, contending that through G.O(Ms)No.625, Revenue Department, dated 06.07.1995, the services of the petitioner were only brought under the regular time scale of pay, but that cannot be treated as a regular appointment to the post of Village Assistant.

4.Heard Mr.T.S.Mohamed Mohideen, learned counsel appearing for the petitioner, Mr.S.Shaji Bino, learned Special Government Pleader appearing for the respondents 1, 2 & 4 to 6 and Mr.P.Gunasekaran, learned counsel appearing for the third respondent.

5.The learned counsel appearing for the petitioner contended that the issue that arose for consideration in this Writ Petition has already fallen for consideration before this Court