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2026 Supreme(Online)(Mad) 41548

IN THE HIGH COURT OF JUDICATURE AT MADRAS
MUMMINENI SUDHEER KUMAR, J
Y.John Savarimuthu – Appellant
Versus
The Additional Chief Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai – Respondent
Writ Petition



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

Regularized Village Assistants are entitled to count entire service as Village Assistant for pensionary benefits.

Headnote:1. The petitioner invokes the extraordinary writ jurisdiction of the Court under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus to quash the impugned letter dated 20.02.2026 and direct counting of services rendered as Village Assistant from 01.06.1995 to 08.03.2018 for pensionary benefits. The petitioner was absorbed as Village Assistant under G.O.(Perm) No.625, Revenue Department, dated 06.07.1995 and retired on 31.05.2023. Court observes that request for inclusion of service rendered as Village Assistant for pensionary benefits was already considered and allowed by the Division Bench in W.A.(MD) No.1200 of 2025. 2. The primary issue before the Court is whether the petitioner’s service as Village Assistant prior to regularization can be counted for pensionary benefits. The Court follows the ratio of the Division Bench decision dated 03.02.2026, which held that Village Assistants regularized under G.O.(Perm) No.625 are entitled to full service counting for pensionary benefits. Court accepts submissions made by parties and applies the principle to the facts at hand. 3. Writ Petition is disposed of directing the respondents to submit a revised pension proposal considering the petitioner’s services as Village Assistant, within six weeks from receipt of the order.

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 31.08.1986 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 09.03.2018. Thereafter, the petitioner was promoted as Village Administrative Officer through proceedings dated 26.02.2018. Subsequently, the petitioner attained the age of superannuation and retired from service on 31.05.2023. However, the pension was fixed without taking into consideration the service rendered by the petitioner as Village Assistant from 01.06.1995 to 08.03.2018. 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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