K.VELMAYIL Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The Petitioner in W.P.(MD)No.70 of 2019 has preferred this appeal as against the common order passed by a learned Single Judge of this Court in W.P.(MD)No.70 of 2019 and a batch of cases.

(2.) The appellant was appointed as permanent Thalayari on consolidated pay as per the proceedings of the Tahsildar of Nilakottai, dated 07.01.1983. As per the appointment order issued to the appellant, it is seen that the appointment of appellant is to fill the vacancy in the post of Thalayari on permanent basis after following a selection process. It is not in dispute that the appellant was serving as Thalayari continuously without any break for the period from 07.01.1983 to 31.05.1995 in Kondayampatti Village, Vadipatti Taluk, Madurai District. The appellant was absorbed in the regular time scale of pay and the post he was holding was redesignated as Village Assistant with effect from 01.06.1995 as per G.O.(Perm) No.625, Revenue Department, dated 06.07.1995. The appellant was, thereafter, promoted as Village Administrative Officer as per the proceedings of the District Revenue Officer, Madurai, dated 27.10.2015. It is not in dispute that the appellant was working as Village Administrative Officer from 05.11.2015 till he attained superannuation on 30.06.2017. It is stated that the respondents sanctioned pension to the appellant counting the services put in by the appellant, as Village Assistant from 01.06.1995 to 04.11.2015 and the services put in by him as Village Administrative Officer from 05.11.2015 to 30.06.2017. The grievance of the appellant was that the services put in as Thalayari for the period from 07.01.1983 to 31.05.1995 on consolidated pay was not counted for calculating pension. It is contended by the appellant that as per Rule 11(4) of the Tamil Nadu Pension Rules, 1978, 50% of the services put in by a person on consolidated pay or daily wage, even in respect of non- provincialised service has to be taken for the purpose of calculating the pension. The Writ Petition filed by the appellant was considered along with the batch of Writ Petitions filed for issuance of Writ of Mandamus directing the Principal Secretary to Government, Revenue Department, to pass orders counting 50% of the services of the respective petitioners put in by them as Thalayaris for the purpose of calculating pension along with regular services put in by them as Village Assistant and to send the revised pension proposals within time frame. All the Writ Petitions were taken up together as the petitioners in all the Writ Petitions are the retired Village Assistants who were initially appointed as Thalayaris and subsequently, absorbed in the regular time scale of pay. Referring to the two judgments of learned Single Judges of this Court taking contrary view, the learned Single Judge, directed the matters to be placed before the Chief Justice for referring the matter to Larger Bench to decide the question related to applicability of Rule 11(4) of Tamil Nadu Pension Rules, 1978 to Village Assistant who were originally appointed as part-time Thalayaris and whose services were regularised with effect from 01.06.1995 or later. Though the learned Single Judge has considered the two judgments, which according to him, has given conflicting views, this Court is of the view that the matter has been settled by several precedents and that the Government has implemented the judgments in several other cases decided in favour of persons similarly placed like the appellant.

(3.) The appellant and several other persons were appointed as Village Assistants or Thalayaris about 30 years back. Having regard to the nature of service the Thalayaris were rendering, it is submitted that the post occupied by the petitioner as Village Assistant or Thalayari must be taken as permanent. The contention of the respondents that the persons who were appointed and working as Thalayaris were not holding any permanent post and that they are appointed purely on temporary or part time basis was negatived by this Court in several precedents. It was held in several precedents that persons who were engaged as Thalayaris were not doing part time or temporary job as their jobs involve whole time employment. In every Village Panchayat, a Village Administrative Officer is functioning with a field assistant who was earlier named as Thalayari.