✦ High Court of India · 30 Apr 2025

High Court · 2025

Case Details High Court of India · 30 Apr 2025

Court

High Court of India

Decided

30 Apr 2025

Bench

R.N.MANJULA

Length

1,614 words

Acts & Sections

Constitution of India

W.P. Nos. 24845, 24876, 24879, 24881, 24887, 24890 and 24893 of 2019IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 30.04.2025CORAMTHE HON'BLE Ms. JUSTICE R.N.MANJULAW.P. Nos. 24845, 24876, 24879, 24881, 24887, 24890 and 24893 of 2019W.P. No. 24845 of 2019:-K.Murugaiyan … Petitioner -vs-1. The Principal Secretary to Government, Revenue Department, Fort St. George, Chennai 600 009.2. The Secretary to Government, Rural Development & Panchayat Raj Department, Fort St. George, Chennai 600009.3. The Commissioner of Revenue Administration, Chepauk, Chennai 05.4. The District Collector, Perambalur District, Perambalur. ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to count half of the service rendered by the petitioner as Village Karnam and as Panchayat Assistant as qualifying service for pension along with his regular service in the post of Village Administrative Officer from 07.04.1998 to 31.05.2008 and accordingly refix his pension and other pensionary benefits with all consequential service and monetary benefits.1/10https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P. Nos. 24845, 24876, 24879, 24881, 24887, 24890 and 24893 of 2019W.P. No. 24876 of 2019:-R.Samidurai … Petitioner -vs-1. The Principal Secretary to Government, Revenue Department, Fort St. George, Chennai 600 009.2. The Commissioner of Revenue Administration, Chepauk, Chennai 05.3. The District Collector, Cuddalore District, Cuddalore. ... RespondentsPrayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to count half of the service rendered by the petitioner as Village Karnam as qualifying service for pension along with his regular service in the post of Village Administrative Officer from 11.08.1982 to 31.12.2003 and accordingly refix his pension and other pensionary benefits with all consequential service and monetary benefits.W.P. No. 24879 of 2019:-A.Rajamanickam … Petitioner -vs-1. The Principal Secretary to Government, Revenue Department, Fort St. George, Chennai 600 009.2. The Commissioner of Revenue Administration, Chepauk, Chennai 05.2/10https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P. Nos. 24845, 24876, 24879, 24881, 24887, 24890 and 24893 of 20193. The District Collector, Cuddalore District, Cuddalore. ... RespondentsPrayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to count half of the service rendered by the petitioner as Village Karnam as qualifying service for pension along with his regular service in the post of Village Administrative Officer from 11.08.1982 and accordingly refix his pension and other pensionary benefits with all consequential service and monetary benefits.W.P. No. 24881 of 2019:-N.Elamurugan … Petitioner -vs-1. The Principal Secretary to Government, Revenue Department, Fort St. George, Chennai 600 009.2. The Commissioner of Revenue Administration, Chepauk, Chennai 05.3. The District Collector, Perambalur District, Perambalur. ... RespondentsPrayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to count half of the service rendered by the petitioner as Village Karnam from 30.04.1980 to 11.08.1982 as qualifying service for pension along with his regular service in the post of Village Administrative Officer from 11.08.1972 to 3/10https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P. Nos. 24845, 24876, 24879, 24881, 24887, 24890 and 24893 of 201931.05.2003 and accordingly refix his pension and other pensionary benefits with all consequential service and monetary benefits.W.P. No. 24887 of 2019:-K.S.Natana Sabapathy … Petitioner -vs-1. The Principal Secretary to Government, Revenue Department, Fort St. George, Chennai 600 009.2. The Commissioner of Revenue Administration, Chepauk, Chennai 05.3. The District Collector, Cuddalore District, Cuddalore. ... RespondentsPrayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to count half of the service rendered by the petitioner as Village Karnam from 01.08.1969 to 14.11.1980 as qualifying service for pension along with his regular service in the post of Village Administrative Officer from 22.02.1989 to 30.09.2006 and accordingly refix his pension and other pensionary benefits with all consequential service and monetary benefits.W.P. No. 24890 of 2019:-A.Thangavelu … Petitioner -vs-4/10https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P. Nos. 24845, 24876, 24879, 24881, 24887, 24890 and 24893 of 20191. The Principal Secretary to Government, Revenue Department, Fort St. George, Chennai 600 009.2. The Commissioner of Revenue Administration, Chepauk, Chennai 05.3. The District Collector, Cuddalore District, Cuddalore. ... RespondentsPrayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to count half of the service rendered by the petitioner as Village Maniam from 02.11.1960 to 31.08.1982 as qualifying service for pension along with his regular service in the post of Village Administrative Officer from 01.09.1982 to 31.07.1994 and accordingly refix his pension and other pensionary benefits with all consequential service and monetary benefits.W.P. No. 24893 of 2019:-R.Dhanaraj … Petitioner -vs-1. The Principal Secretary to Government, Revenue Department, Fort St. George, Chennai 600 009.2. The Commissioner of Revenue Administration, Chepauk, Chennai 05.3. The District Collector, Cuddalore District, Cuddalore. ... Respondents5/10https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P. Nos. 24845, 24876, 24879, 24881, 24887, 24890 and 24893 of 2019Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to count half of the service rendered by the petitioner as Village Maniam from 29.04.1975 to 10.08.1982 as qualifying service for pension along with his regular service in the post of Village Administrative Officer from 11.08.1972 to 30.04.2005 and accordingly refix his pension and other pensionary benefits with all consequential service and monetary benefits.For Petitioner: Mr.N.Om Prakash (in all W.P.s)For Respondents: Mr.T.Chezhian, AGP (in all W.P.s)COMMON ORDERThe petitioners have filed these Writ Petitions seeking Writ of Mandamus to direct the respondents to count half of the services rendered by the petitioners as Village Karnams and as Panchayat Assistants by considering the same as a qualifying service for pension along with the regular service in the post of Village Administrative Officers and accordingly, fix their pension and other pensionary benefits. 2. Heard Mr.N.Om Prakash, learned counsel for the petitioners, Mr.T.Chezhian, learned Additional Government Pleader appearing for the respondents and perused the materials available on record. 6/10https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P. Nos. 24845, 24876, 24879, 24881, 24887, 24890 and 24893 of 20193. The petitioners were initially appointed as Village Karnam and Village Maniam respectively. Consequent to the abolition of the post of Village Karnam and Village Maniam, the petitioners were ousted from service and thereafter, Government Orders have been issued in G.O.Ms.No.2333, Revenue Department dated 19.11.1990 and G.O.Ms.No.962, 28.11.1990 that the Ex-Village Officers who were in service on 14.11.1980 and who are below 60 years of age can be appointed as Panchayat Assistants in the Village Assistants. The petitioners joined as Panchayat Assistants and continued to be in the said post. Thereafter, the post of Panchayat Assistant has become full time Government post and special time scale of pay was granted. Thereafter, the petitioners were promoted as Village Administrative Officers in the regular time time scale of pay and worked as such till the date of their retirement. Now, the petitioners claim that half of their past services has to be counted along with the service rendered in the capacity of Village Administrative Officer for the purpose of pension. 4. After having referred to various judgments rendered in this regard and while dealing with the similar kind of matter, this Court has crystalised the entitlement of similar persons like that of the petitioners in W.P.Nos.18734 of 7/10https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P. Nos. 24845, 24876, 24879, 24881, 24887, 24890 and 24893 of 20192020 etc., batch dated 18.03.2024. The relevant paragraph is extracted hereunder:"35. In view of the above discussions, these batch of Writ Petitions are disposed with the following observation and directions:(i) Those who lost their job on 14.11.1980 and who never got re-employment were given with a special pension with effect from 05.12.1986. Hence, there is no question of granting any further relief for them than what has already been granted. (ii) For those village assistants whose services have been regularised as on 01.06.1995 but continued to be in service, till retirement, half of their past services shall be included along with the whole of their services rendered subsequent to their regularisation till retirement and computed as qualifying years of service for the purpose of pensionary benefit. (iii) The respondents are directed to consider the representations of all those petitioners who are qualified as above (ii), for inclusion of 50% of their past services for the purpose of pensionary benefits and pass revised orders for sanctioning and disbursing the same within a period of 8 weeks from the date of receipt of a copy of this order."8/10https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P. Nos. 24845, 24876, 24879, 24881, 24887, 24890 and 24893 of 20195. As the petitioners also fall under the same category, it is upto the respondents to consider the claim of these petitioners in accordance with the guidelines given in the above order. However, it is learnt from the submission of the learned Additional Government Pleader that a Writ Appeal has been filed in W.A.No.1277 of 2025 challenging the order passed in W.P.Nos.18734 of 2020 etc., batch.6. In view of the above discussions, these Writ Petitions are disposed in the similar line of the direction given in W.P.No.18734 of 2020 etc., batch dated 18.03.2024, however, subject to the outcome of the Writ Appeal. No costs. 30.04.2025Index : Yes / NoInternet: YesSpeaking /Non-speaking orderNeutral Citation : Yes / Nogsk9/10https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis W.P. Nos. 24845, 24876, 24879, 24881, 24887, 24890 and 24893 of 2019R.N.MANJULA, J.gskTo 1. The Principal Secretary to Government, Revenue Department, Fort St. George, Chennai 600 009.2. The Secretary to Government, Rural Development & Panchayat Raj Department, Fort St. George, Chennai 600009.3. The Commissioner of Revenue Administration, Chepauk, Chennai 05.W.P. Nos. 24845, 24876, 24879, 24881, 24887, 24890 and 24893 of 20194. The District Collector, Perambalur District, Perambalur.5. The District Collector, Cuddalore District, Cuddalore. 30.04.202510/10https://www.mhc.tn.gov.in/judis

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