UDAIYAR Vs. ACCOUNTANT GENERAL (A&E), PENSION

JUDGEMENT

(1.) The above Writ Petitions have been filed to issue a Writ of Mandamus, to direct the Respondents to sanction the Pensionary benefits to the Petitioners from the date of appointment calculating the Petitioners' service from the date of their appointment.

(2.) The petitioners in all these Writ Petitions were originally appointed as "Thalayari / Village Assistant" on different dates between the year 1973 and 1981. Though the petitioners in these Writ Petitions were appointed on permanent basis, they were not given any fixed regular time scale of pay, having regard to the nature of work. Though the petitioners in all these Writ Petitions were working continuously, their service were regularized only in the year 1995 with effect form 01.06.1995. The period between which the petitioners were appointed and served as Thalayari on consolidated pay and the date on which the petitioners were absorbed as Village Assistant and working in the regular time scale of pay are indicated in the table given below:-

(3.) Though the petitioners in these Writ Petitions have completed more than 15 years of service as "Thalayari / Village Assistant", their service before regularization was not taken into account for calculation of pension, on the ground that the services put in by the petitioners in these Writ Petitions, after regularization as "Thalayari / Village Assistant" fall short of 10 years and therefore the petitioners were not given pensionary benefits. It was therefore several representations were made by the petitioners.