R. SABAPATHY Vs. SECRETARY TO GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The petitioners have filed the above Writ Petitions, praying for the issuance of a Writ of Mandamus to direct the respondents to take into account the entire period of service of the petitioners from the date of their initial appointments as temporary Thalayaris / Village Assistants until 31/5/1995 followed by regularisation of such service from 1/6/1995 till the date of their retirement as V.A./O.A./V.A.Os, respectively, for the purpose of calculation of pension.

(2.) The petitioners were working as Thalaiyaris on a consolidated pay up to 31/5/1995. Most of them were appointed as Thalayaris during the period between 1980 to 1990. The matter involved in these Writ Petitions relate to the claim for entitlement of their past services of the petitioners as Thalaiyaris/ Village Assistants from the date of their appointments till they were regularised on 1/6/1995, for the purpose of calculating their pension. The petitioners are of three types and for the sake of convenience the table given by the learned counsel for the petitioners can be extracted below. It contains the following 3 types: I. Those who retired as Village Assistants II. Those who retired as Office Assistants after getting promoted from village assistants. III. Those who retired as Village Administrative Officer after getting promoted from Village Assistants. <IMG>JUDGEMENT_193_LAWS(MAD)3_2024_1.jpg</IMG>

(3.) All the petitioners were originally appointed as Thalayaris. Even though many of the petitioners were appointed as Thalaiyaris during the years 1980 to 1985, those petitioners who had completed 10 years of continuous service as on 31/5/1995 were brought under the regular time scale under G.O.Ms.625, Revenue Department, dtd. 6/7/1995 with effect from 1/6/1995. Further, the name of the Thalayari was renamed as 'Village Assistant'. Those petitioners who continued their services and who had the educational qualification of VIII standard pass were given with the option to be promoted as Office Assistant and those who have passed X standard were given with the option to be promoted as Village Administrative Officers before their retirements.