ADDITIONAL CHIEF SECRETARY TO GOVERNMENT Vs. K.MARIMUTHU

JUDGEMENT

(1.) These appeals have been filed to set aside the orders dtd. 14/3/2024, passed in W.P.(MD).Nos.964, 965, 963 of 2024 & WP(MD)Nos.13537 & 20850 of 2023.

(2.) The respondents were earlier working in non-provincialised service as Thalaiyaris. Subsequently, the said post was abolished under the Tamil Nadu Abolition of Posts of Part-time Village Officers Act, 1981. Thereafter, they were appointed as Village Assistants as full-time employees vide G.O.Ms.No.625 with effect from 1/6/1995 and were later promoted to the post of Village Administrative Officer. As per the Tamil Nadu Pension Rules, 1978, their service rendered as Village Assistants cannot be counted for pensionary benefits. Consequently, they were deprived of pension and hence they sought relief to calculate their entire service, including the period served as Village Assistants and Village Administrative Officers. The said claim was contested by the Government by placing reliance on the clarification issued vide Letter No. 39161/Ser.8(1)/2018-5, dtd. 20/11/2019, of the Additional Chief Secretary to Government, contending that the Village Assistant service could not be taken into account once the employees were promoted as Village Administrative Officers. The relevant clarifications are extracted below:

(3.) The Government contended that Village Administrative Officers are governed by the Tamil Nadu Pension Rules, 1978, which expressly bar the counting of service as Village Assistant. However, the learned Single Judge allowed the writ petitions and directed that the entire service be reckoned vide impugned order. Aggrieved by the same, the State preferred the present writ appeals.