WP(MD). No.20113 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16/07/2026 CORAM THE HON'BLE MR. JUSTICE MUMMINENI SUDHEER KUMAR WP(MD). No.20113 of 2026 and WMP(MD)No.14889 of 2026 Palanivel ... Petitioner Vs 1. The Additional Chief Secretary, Revenue and Disaster Management Department, Government of Tamilnadu, Secretariat, Chennai - 9.. 2. The Secretary to Government, Government of Tamilnadu, Finance (Pension) Department,Chennai - 9. 3. The Accountant General, The Accountant General Accounts Entitlements Office, 361, Anna Salai, Teynampet,Chennai - 18.. 4. The District Collector, Thanjavur District. 5. The Sub Collector, Kumbakonam Taluk,Thanjavur District.. 6. The Tahsildar, Kumbakonam Taluk, Thanjavur District. ... Respondents 1/11 https://www.mhc.tn.gov.in/judis WP(MD). No.20113 of 2026 PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the pension order in PPO No. R2632143/VOA dated 30.05.2022 passed by third respondent and quash the same and further direct the respondent No.6 to send fresh pension proposal to third respondent by calculating the service of petitioner from 01.06.1995 as Village Assistant in time scale of pay and till the date of retirement dated 31.05.2022 in the post of Village Administrative Officer accumulating 27 years and 3 months of pensionable service, as per the dictum laid down in WA (MD) No.1200 of 2025 and followed in WP (MD) No.9118 of 2025. For Petitioner : Mr.T.S.Mohamed Mohideen For R1,R2,R4-R6 : Mrs.K.Porkodi Government Pleader For R3 : M/s.Chammundi Bose ORDER This Writ Petition has been filed seeking a Writ of Certiorarified Mandamus to quash the pension order in PPO No. R2632143/VOA dated 30.05.2022 passed by third respondent and consequently direct the sixth respondent to send a fresh pension proposal to the third respondent by 2/11 https://www.mhc.tn.gov.in/judis WP(MD). No.20113 of 2026 calculating the service of petitioner from 01.06.1995 as Village Assistant in the time scale of pay till the date of retirement on 31.05.2022 in the post of Village Administrative Officer, thereby accumulating 27 years and 3 months of pensionable service, as per the dictum laid down in WA (MD) No.1200 of 2025 and followed in WP (MD) No.9118 of 2025. 2.The petitioner herein was initially appointed as Village Assistant on 03.04.1984. Subsequently, through G.O(Ms)No.625, Revenue Department dated 06.07.1995, the services of the petitioner were brought into the regular time scale of pay. The petitioner continued in the said post of Village Assistant till 13.09.2015, ie., the date on which the petitioner was promoted to the post of Village Administrative Officer. Thereafter, the petitioner retired from service on 31.05.2022 on attaining the age of superannuation. Thereafter, the pension proposal of the petitioner was submitted and accordingly the pension proceedings dated 30.05.2022 came to be issued. However, while fixing the pension, the service rendered by the petitioner as Village Assistant from 01.06.1995 to 31.05.2022 was not fully taken into consideration for the purpose of fixation of pension and only 50% of the said service was taken into 3/11 https://www.mhc.tn.gov.in/judis WP(MD). No.20113 of 2026 consideration. Under those circumstances, the petitioner has approached this Court by filling the present Writ Petition challenging the proceedings bearing PPO No. R2632143/VOA dated 30.05.2022 passed by the third respondent and sought for counting of the entire service rendered by him as Village Assistant for the purpose of fixation of pension. 3.Mrs.K.Porkodi, learned Government Pleader submitted that through G.O(Ms)No.625, Revenue Department, dated 06.07.1995, the services of the petitioner were only brought under the regular time scale of pay, but that cannot be treated as a regular appointment to the post of Village Assistant. 4.Heard Mr.T.S.Mohamed Mohideen, learned counsel appearing for the petitioner, Mrs.K.Porkodi, learned Government Pleader appearing for the respondents 1, 2 & 4 to 6 and M/s.Chammundi Bose, learned counsel appearing for the third respondent. 5.The learned counsel appearing for the petitioner contended that the issue that arose for consideration in this Writ Petition has already 4/11 https://www.mhc.tn.gov.in/judis WP(MD). No.20113 of 2026 fallen for consideration before this Court in W.P(MD)No.10819 of 2022 and batch, by order dated 14.03.2024 [N.Andiyapillai Vs. The Principal Secretary to Government and others], whereby the learned Single Judge of this Court allowed the Writ Petitions directing the respondents to consider the entire service rendered by the petitioners therein as Village Assistant for the purpose of fixation of pensionary benefits. He further submitted that the said order of the learned Single Judge of this Court was carried in appeal by the respondents in W.A(MD)No.1200 of 2025 and batch and the said W.A(MD)No.1200 of 2025 and batch [The Additional Chief Secretary to Government and others Vs. K.Marimuthu] were dismissed by the learned Division Bench of this Court, by an order dated 03.02.2026. 6.The learned counsel appearing for the petitioner submitted that the said order of the learned Division Bench of this Court has been given effect to by the respondents and accordingly the pension of the petitioners therein has been revised. He also further submitted that the learned Single Judge of this Court, following the decision of the learned Division Bench referred to above has allowed yet another W.P(MD)No. 5/11 https://www.mhc.tn.gov.in/judis WP(MD). No.20113 of 2026 7689 of 2021, by an order dated 24.02.2026 [Velusamy Vs. The Secretary to Government and others]. 7.On the other hand, Mrs.K.Porkodi, learned Government Pleader appearing for the respondents 1, 2 and 4 to 6, submitted that she does not dispute the orders relied upon by the learned counsel appearing for the petitioner referred to above. However, she submitted that the matter can be remanded back to the respondents for reconsideration in the light of the orders passed by this Court referred to above. 8.This Court has carefully considered the submissions made on either side and also perused the entire materials available on record. 9.Having perused the orders passed by the learned Division Bench of this Court, wherein the case of persons whose services were brought into the regular time scale through G.O(Ms)No.625, Revenue Department, dated 06.07.1995 had fallen for consideration, the learned Division Bench of this Court, after having taken into consideration all the contentions raised on behalf of the State, arrived at the conclusion 6/11 https://www.mhc.tn.gov.in/judis WP(MD). No.20113 of 2026 that the writ petitioners therein are entitled to count the service rendered by them as Village Assistant in full for the purpose of fixation of their pension. The relevant paragraph from the said order of the learned Division Bench reads thereunder: “9. In view of the submission of Thiru.M.Ajmal Khan, learned Additional Advocate General, on instructions, from the Government, the service of the Village Assistants from the date of the appointment could not be termed as “non-provincialised” service, this Court is inclined to hold that, in all subject matters of these cases before this Court where a Village Assistant is promoted as Village Administrative Officer, the full service rendered as Village Assistant after 01.06.1995 as well as Village Administrative Officer shall be taken into account for computing the pensionary benefits. In view of the above finding that Village Assistant service is not termed as non provincialised service, reliance of the G.O.Ms.No.73 Revenue and Disaster management [Ser.8(1)] Department, dated 13.02.2025, subject to the result of these Writ Appeals need not be considered. Therefore, the writ Court had correctly directed the Government to reckon the writ petitioner's full regular 7/11 https://www.mhc.tn.gov.in/judis WP(MD). No.20113 of 2026 service rendered as a Village Assistant and Village Administrative Officer as qualifying service and this Court finds no merit in these appeals and all the appeals are liable to be dismissed.” 10.From the perusal of the order of the learned Division Bench of this Court and the averments made in the present Writ Petition, this Court is convinced that the case of the petitioner herein is identical to the case dealt with by the learned Division Bench of this Court even on factual aspects and therefore the petitioner herein cannot be denied the very same benefit which was upheld by the learned Division Bench of this Court. 11.In the light of the above, the impugned proceedings of the third respondent, dated 30.05.2022 cannot be sustained and the same is hereby quashed. Consequently, the respondents are directed to calculate the service rendered by the petitioner from 01.06.1995 to 31.02.2022 as Village Assistant for the purpose of fixation of his pension, together with the service rendered by the petitioner as Village Administrative Officer and issue orders afresh. The monetary benefits 8/11 https://www.mhc.tn.gov.in/judis WP(MD). No.20113 of 2026 payable to the petitioner shall also be calculated and paid to him as expeditiously as possible, at any rate, within period of eight weeks from the date of receipt of a copy of this order. 12.Accordingly, this Writ Petition is allowed. No costs. Consequently, the connected Miscellaneous Petition is closed. 16.07.2026 NCC : Yes/No Index : Yes/No Internet : Yes/No CM 9/11 https://www.mhc.tn.gov.in/judis WP(MD). No.20113 of 2026 TO 1. The Additional Chief Secretary, Revenue and Disaster Management Department, Government of Tamilnadu, Secretariat, Chennai - 9.. 2. The Secretary to Government, Government of Tamilnadu, Finance (Pension) Department,Chennai - 9. 3. The Accountant General, The Accountant General Accounts Entitlements Office, 361, Anna Salai, Teynampet,Chennai - 18.. 4. The District Collector, Thanjavur District. 5. The Sub Collector, Kumbakonam Taluk,Thanjavur District.. 6. The Tahsildar, Kumbakonam Taluk,Thanjavur District. 10/11 https://www.mhc.tn.gov.in/judis WP(MD). No.20113 of 2026 MUMMINENI SUDHEER KUMAR,J CM WP(MD). No.20113 of 2026 and WMP(MD)No.14889 of 2026 Date : 16/07/2026 11/11 https://www.mhc.tn.gov.in/judis