Case Note & Summary
The writ petition was filed by A. Elangovan, a former Village Assistant, seeking a mandamus to direct the respondents (State of Tamil Nadu and revenue authorities) to grant pension by calculating his entire service from the date of joining as part-time Village Assistant on 01.01.1980, instead of from the date of regularisation on 01.06.1995, up to his retirement on 30.06.2016, with arrears. The petitioner relied on G.O. Ms. No. 33, Revenue Department dated 25.01.2010, which was issued pursuant to the Supreme Court's order dated 08.01.2010 in SLP (CC) No. 21683/2009, and a Division Bench judgment in W.A. (MD) No. 370 of 2019. The respondents opposed, citing a contrary Division Bench judgment in W.A. No. 1292 of 2015. The learned single Judge, noting conflicting decisions, referred the matter to a Larger Bench. The core legal issue was whether 50% of the service rendered as a part-time Village Assistant prior to regularisation should be counted for pensionary benefits. The Larger Bench, after considering the submissions, held that the benefit of counting 50% of pre-regularisation service is applicable to all Village Assistants similarly situated, and the petitioner is entitled to have his entire service from 01.01.1980 considered for pension. The court directed the respondents to pass appropriate orders within eight weeks.
Headnote
A) Service Law - Pension - Counting of Past Service - Part-Time Village Assistant - 50% of service rendered as part-time Village Assistant prior to regularisation on 01.06.1995 must be counted for pensionary benefits in light of G.O. Ms. No. 33, Revenue Department dated 25.01.2010 and the Supreme Court order dated 08.01.2010 in SLP (CC) No. 21683/2009 - The court held that the benefit of counting 50% of pre-regularisation service is applicable to all Village Assistants similarly situated, and the petitioner is entitled to have his entire service from 01.01.1980 considered for pension (Paras 2-6).
Issue of Consideration
Whether the 50% service rendered by the petitioner as part-time Village Assistant has to be taken into account along with the regular service period to determine the pensionary benefits or not, as per the judgment dated 08.01.2010 of the Apex Court in SLP (CC) No. 21683/2009.
Final Decision
The Full Bench held that the benefit of counting 50% of pre-regularisation service as part-time Village Assistant is applicable to all similarly situated Village Assistants. The respondents are directed to pass appropriate orders within eight weeks considering the petitioner's representation dated 28.02.2018.
Law Points
- Pensionary benefits
- Part-time service
- Regularisation
- Village Assistant
- Counting of past service
- G.O. Ms. No. 33
- Supreme Court order in SLP (CC) No. 21683/2009
Case Details
2026 LawText (MAD) (04) 118
Dr. G. Jayachandran, M. Dhandapani, K. Kumaresh Babu
Mr. N. Ponraj (for petitioner), Mr. P.S. Raman, AG assisted by Mr. T. Chandrasekaran, Spl. G.P. (for respondents)
State of Tamil Nadu, The Commissioner, Revenue Administration, The District Collector, Tiruppur, The Tahsildar, Dharapuram Taluk
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking mandamus for pensionary benefits.
Remedy Sought
Direction to respondents to grant pension by calculating entire service from 01.01.1980 (joining as part-time Village Assistant) instead of from 01.06.1995 (date of regularisation) up to retirement on 30.06.2016 with arrears.
Filing Reason
Failure of respondents to count 50% of service rendered as part-time Village Assistant prior to regularisation for pensionary benefits.
Previous Decisions
The matter was referred to a Larger Bench by the learned single Judge due to conflicting decisions: one in favour (based on G.O. Ms. No. 33 and Supreme Court order) and one against (W.A. No. 1292 of 2015).
Issues
Whether 50% of service rendered as part-time Village Assistant prior to regularisation should be counted for pensionary benefits.
Submissions/Arguments
Petitioner argued that G.O. Ms. No. 33 dated 25.01.2010, issued pursuant to Supreme Court order in SLP (CC) No. 21683/2009, entitles counting of entire service from 01.01.1980.
Respondents relied on Division Bench judgment in W.A. No. 1292 of 2015 which denied such benefit.
Ratio Decidendi
The 50% service rendered as part-time Village Assistant prior to regularisation must be counted for pensionary benefits in light of G.O. Ms. No. 33 and the Supreme Court order in SLP (CC) No. 21683/2009, which applies to all similarly situated Village Assistants.
Judgment Excerpts
Whether the 50% service rendered by the petitioner as part time Village Assistant has to be taken into account along with the regular service period to determine the pensionary benefits or not, as per the judgment dated 08.01.2010 of the Apex Court in SLP (CC) No.21683/2009.
The failure to count 50% of the service rendered by the petitioner as Part-Time Village Assistant for the purpose of pensionary benefits prior to the change of status of the petitioner as full-time Government Servant upon issuance of G.O. (Ms) No.625, Revenue Department, dated 06.07.1995 by regularising the service of Village Assistants from 01.06.1995 is put in issue through the present writ petition.
Procedural History
The writ petition was filed in 2018. The learned single Judge, noting conflicting decisions, referred the matter to a Larger Bench. The Full Bench heard the reference and delivered the judgment on 06.04.2026.
Acts & Sections
- Constitution of India: Article 226
