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2026 Supreme(Online)(Mad) 41540

IN THE HIGH COURT OF JUDICATURE AT MADRAS
MUMMINENI SUDHEER KUMAR, J
P.Periyasamy – Appellant
Versus
The Secretary to Government – Respondent



Advocates:
For the Appellants/Petitioners: Mr.S.Visvalingam
For the Respondents: Mr.S.Shaji Bino Special Government Pleader

Services rendered as Village Assistant and Office Assistant prior to regularization are countable for pensionary benefits.

Headnote:Statute Analysis: Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus for revision of pension assessing services rendered as Village Assistant and Office Assistant. Facts of the Case: The petitioner was initially appointed as Thalayari from 20.05.1992 to 31.05.1995 and thereafter absorbed as Village Assistant from 01.06.1995 until 18.02.2020, followed by promotion as Office Assistant till retirement on 30.06.2020.

Findings of Court:

Table of Content
1. summary of employment history and non-inclusion of past services for pension. (Para 3)
2. division bench decision recognizes counting of pre-regularization service for pension. (Para 4)
3. direction to revise pension proposal taking into account entire service. (Para 6)

O R D E R

Heard Mr.S.Visvalingam, learned counsel for the petitioner and Mr.S.Shaji Bino, learned Special Government Pleader appearing for the respondents.

2. With the consent of both sides, this Writ Petition is disposed of at the admission stage itself.

3. It is the case of the petitioner that he was initially appointed as Thalayari and served as such from 20.05.1992 to 31.05.1995. Thereafter, he was absorbed in the regular time scale of pay as Village Assistant with effect from 01.06.1995 in terms of G.O.(Perm) No.625, Revenue Department, dated 06.07.1995 and continued as such till 18.02.2020. Thereafter, the petitioner was promoted as Office Assistant through proceedings dated 17.02.2020. Subsequently, the petitioner attained the age of superannuation and retired from service on 30.06.2020. However, the services rendered by the petitioner as Village Assistant from 01.06.1995 to 18.02.2020 and as Office Assistant from 19.02.2020 to 30.06.2024 were not taken into consideration while fixing his pension. Hence, the petitioner claims to have submitted a representation requesting revision of his pension duly taking into consideration the services rendered by him as Village Assistant and Office Assistant.

4. The learned counsel for the petitioner submits that the very same issue of counting the services rendered as Village Assistant and Office Assistant for the purpose of pensionary benefits had fallen for consideration before the Division Bench of this Court in W.A.(MD) No.1200 of 2025 etc. [The Additional Chief Secretary to Government, Revenue and Disaster Management Department and others Vs. K. Marimuthu and others]. The Division Bench of this Court, by an order dated 03.02.2026, held that the Village Assistants and Office Assistants whose services were regularised in terms of G.O.(Perm) No.625, Revenue Department, dated 06.07.1995 are entitled to count their entire service as Village Assistant and Office Assistant for the purpose of pensionary benefits.

5. The learned Special Government Pleader appearing for the respondents fairly submits that the claim made by the petitioner is covered by the order of the Division Bench of this Court relied upon by the learned counsel for the petitioner and further submits that the representation submitted by the petitioner would be considered by the respondents in accordance with law and that an appropriate revised proposal would be submitted.

6. In the light of the above, this Writ Petition is disposed of directing the third respondent to submit a revised pension proposal to the first respondent, duly taking into consideration the services rendered by the petitioner as Village Assistant and Office Assistant, based on the petitioner’s representation dated 21.03.2026, as expeditiously as possible, at any rate within a period of six weeks from the date of receipt of a copy of this order. No costs.

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