Village Assistants employed prior to 01.06.1995 are not entitled to count 50% of their pre-regularization service for pensionary benefits because those positions were part-time posts and not part of a formal service or cadre.

PRAYER: Writ Appeal filed under Clause XV of the Letters Patent Act, praying to set aside the order passed in W.P.(MD)No.4805 of 2020 dated 06.03.2020 on the file of the Madurai Bench of Madras High Court and allow the Writ Appeal.

JUDGMENT

[Judgment of the Court was made by M.DHANDAPANI, J.]

These Writ Appeal has been filed challenging the order dated 06.03.2020 in W.P.(MD)No.4805 of 2020.

2. Learned Additional Government Pleader appearing for the appellants would submit that the Writ Petitioner was appointed as Village Assistant and after retirement he filed Writ Petition claiming 50% of the temporary service as qualifying service and the same was allowed by this Court on 06.03.2020. Challenging the same, the present Writ Appeal has been filed. However, learned Additional Government Pleader would submit that the issue arising in this Writ Appeals is covered by the Full Bench decision of this Court in the case of A. Elangovan Vs. State of Tamil Nadu and others reported in 2026-1-Writ L.R. 498.

3. The relevant portion of the said judgment reads as follows:

In fine, on the reasons aforesaid, this Court answers the reference in the following terms:“The persons, who were employed as Village Assistants / Talayaris prior to 01.06.1995, the date on which the service of Village Assistants / Talayaris were regularised, would not be entitled to count 50% of their service rendered in the pre-regularised period, viz., prior to 01.06.1995, for the purpose pensionary benefits, as the said posts held by them were part-time posts and not posts borne out of service or cadre.”

4. In view of the aforesaid Full Bench decision, this Writ Appeal stands allowed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.