S.MUTHIAH Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The prayer sought for in this writ petition is for a writ of Mandamus, directing the 1st respondent i.e. the Principal Secretary to Government, Revenue Department, Secretariat, Chennai to pass orders counting 50% of services of the petitioner put in by the petitioner as Thalayari for the period from 01.06.1985 to 31.05.1995 for the purpose of calculation of pension along with regular services put in by him as Village Assistant and Village Administrative Officer and arrange to send revised pension proposals within a specified time frame, that may be fixed by this Court.

(2.) The petitioner was originally appointed as Thalayari i.e. Village Assistant in the year 1985 i.e. 22.08.1985. For several years, this kind of village assistants were working on consolidated pay throughout Tamil Nadu and sometime in 1995, the Government decided to bring them under regular time scale of pay with effect from 01.06.1995. Thereafter, these village assistants were working under regular time scale of pay and on superannuation, they are retiring. After retirement, they have been receiving pension only based on the time scale of pay they started receiving from 01.06.1995 till the superannuating period and in this regard, their past service prior to 01.06.1995 was not taken into account.

(3.) In this regard, number of writ petitions have been filed before this Court, where, orders were passed directing the Government to calculate the service rendered all this kind of village assistants prior to 01.06.1995 for the purpose of calculating their total service for pensionary benefits alone. Even in the year 2014, this kind of orders were passed and direction were given by this Court. Pursuant to one order of this nature, the Government having accepted the same, implemented it by issuing G.O.Ms.No.173, Revenue Department dated 29.05.2014, wherein, at para 10 in the operative portion, the following order has been passed: