M ANNAI MUTHU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE writ petition is filed under Article 226 of the Constitution praying for the issue of a Writ of Mandamus, directing the respondents herein to refix the pension and other retirement benefits and to revise the pensionary benefits by taking into account the period from 26.8.1968 i.e., the date of initial appointment of the petitioner as Village Karnam/Munsif and to consequently grant all consequential benefits along with arrears thereof with interest on the delayed payment to the petitioner.) Common Order: THE petitioners in all these writ petitions were originally employed as "Village Officers", in various categories such as Munsifs, Karnams etc. THEse part time posts were abolished with effect from 14.11.1980 and a new category of full time Government Servants known as "Village Administrative Officers" was created in 1982. THE petitioners, who lost their part time employment, consequent on the abolition, were appointed to the newly created post and all of them have now retired on reaching the age of superannuation.

(2.) THEY have now come up with the present batch of writ petitions seeking a Mandamus to the respondents to refix their pension and retirement benefits by taking into account, the services rendered from the date of their first appointment in the erstwhile post.

(3.) AS seen from the above tabular form, all the writ petitioners except a few, have rendered sufficient service to earn a reasonable amount of pension, even in the newly created post. Three of them have rendered less than 10 years of service in the newly created post, which by itself will not entitle them to any pension. This is why they have come up with the present writ petitions for combining two services viz., (i) the services rendered as Village Officers before abolition on 14.11.1980 and (ii) the services rendered as Village Administrative Officers after fresh recruitment to the newly created category, after 1982. HISTORICAL BACKGROUND: