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2026 Supreme(Online)(Mad) 41545

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mummini Sudheer Kumar, J
G.Selvaraj – Appellant
Versus
The Additional Chief Secreta – Respondent



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

Services rendered as Village Assistant prior to regularisation are countable for pension benefits under prior precedents.

Headnote:Paragraph 1: Statute Analysis (Article 226 of the Constitution of India), Facts of the Case (petitioner served as Thalayari and Village Assistant from 1987-2019, retired in 2023, pension fixed without considering Village Assistant service from 1995-2019), Findings of Court (claim covered by prior Division Bench order). Paragraph 2: Issues (whether services rendered as Village Assistant should be counted for pensionary benefits), Ratio Decidendi (Division Bench held that Village Assistants regularised under G.O.(Perm) No.625 are entitled to count service for pension). Paragraph 3: Result (writ petition disposed of with direction to submit revised pension proposal within six weeks).

Table of Content
1. petitioner service history and pension claim background. (Para 1 , 2 , 3)
2. prior court ruling covers petitioner's case. (Para 4 , 5)
3. court directs respondents to process revised pension. (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 22.07.1987 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 07.01.2019. Thereafter, the petitioner was promoted as Village Administrative Officer through proceedings dated 03.01.2019. Subsequently, the petitioner attained the age of superannuation and retired from service on 31.07.2023. However, the pension was fixed without taking into consideration the service rendered by the petitioner as Village Assistant from 01.06.1995 to 07.01.2019. 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.

4. The learned counsel for the petitioner submits that the very same issue of counting the services rendered as Village 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 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 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 second respondent to submit a revised pension proposal duly taking into consideration the services rendered by the petitioner as Village Assistant to the first respondent, based on the petitioner’s representation dated 23.04.2025, 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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