MANOHARAN vs THE ADDITIONAL CHIEF SECRETARY,

Court
Madras High Court

WP No. 40767 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-10-2026
CORAM
THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
W.P.No.40767 of 2026
CNR:{HCMA012287902026}
and
W.M.P.No.45716 of 2026
Manoharan
S/o.Ayyasamy
..Petitioner(s)
Vs
1. The Additional Chief Secretary,
Revenue and Disaster Management
Department, Government of Tamil Nadu,
Secretariat, Chennai-9.
2. The Secretary to Government
Government of Tamil Nadu,
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
Tiruvarur District.
5. The P.A to District Collector (General)
District Collector Office, Tiruvarur.
6. The Tahsildar
Tiruvarur Taluk,
Tiruvarur District.
..Respondent(s)
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WP No. 40767 of 2026
Prayer : Writ Petition filed under Article 226 of Constitution of India, to
issue a Writ of Certiorarified Mandamus, to call for records pertaining to the
pension order in No.P01/10121900/3/PPO No.R0121900/REV dated
rd
01.08.2019 passed by 3 respondent and quash the same and further direct the
rd
respondent No.6 to send fresh pension proposal to 3 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 31.07.2019 in the post of Office
Assistant accumulating 24 years and 2 months of pensionable service as per the
dictum laid down in W.A.(MD)No.1200 of 2025 and followed in W.P.
(MD)No.9118 of 2025.
For Petitioner(s): Mr.T.S.Mohammed Mohidheen
For Respondent(s): Mr.S.Srinivasan,
Additional Government Pleader
O R D E R
This Writ Petition has been filed seeking a Writ of Certiorarified
Mandamus to quash the pension order in No.P01/10121900/3/PPO
No.R0121900/REV dated 01.08.2019 passed by third respondent and
consequently direct the sixth respondent to send a fresh pension proposal to the
third respondent by calculating the service of petitioner from 01.06.1995 as
Village Assistant in the time scale of pay till the date of retirement on
31.07.2019 in the post of Office Assistant, thereby accumulating 24 years and 2
months of pensionable service as per the dictum laid down in W.A.
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WP No. 40767 of 2026
(MD)No.1200 of 2025 and followed in W.P.(MD)No.9118 of 2025.
2. The petitioner herein was initially appointed as Thalaiyari/Village
Assistant on 26.09.1983. 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 09.08.2018, ie., the date on which the petitioner was
promoted to the post of Office Assistant. Thereafter, the petitioner retired from
service on 31.07.2019 on attaining the age of superannuation. Thereafter, the
pension proposal of the petitioner was submitted and accordingly the pension
proceedings dated 01.08.2019 came to be issued. However, while fixing the
pension, the service rendered by the petitioner as Village Assistant from
01.06.1995 to 09.08.2018 was not fully taken into consideration for the purpose
of fixation of pension and only 50% of the said service was taken into
consideration. Under those circumstances, the petitioner has approached this
Court by filling the present Writ Petition challenging the proceedings bearing
No.P01/10121900/3/PPO No.R0121900/REV dated 01.08.2019 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. The respondents filed a counter-affidavit resisting the claim made by
the petitioner, contending that through G.O(Ms)No.625, Revenue Department,
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WP No. 40767 of 2026
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, Mr.S.Srinivasan, learned Additional Government Pleader appearing
for the respondents.
5. The learned counsel appearing for the petitioner contended that the
issue that arose for consideration in this Writ Petition has already 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.
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WP No. 40767 of 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.7689 of 2021, by an order dated
24.02.2026 [Velusamy Vs. The Secretary to Government and others].
7. On the other hand, Mr.S.Srinivasan, learned Additional Government
Pleader appearing for the respondents submitted that he does not dispute the
orders relied upon by the learned counsel appearing for the petitioner referred to
above. However, he 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
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WP No. 40767 of 2026
having taken into consideration all the contentions raised on behalf of the State,
arrived at the conclusion 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 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.”
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WP No. 40767 of 2026
10. From the perusal of the order of the learned Division Bench of this
Court and the averments made in the present Writ Petition as well as the
counter-affidavit, 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 01.08.2019 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 09.08.2018 as Village Assistant
for the purpose of fixation of his pension, together with the service rendered by
the petitioner as Office Assistant and issue orders afresh. The monetary benefits
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.
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WP No. 40767 of 2026
12.Accordingly, this Writ Petition is allowed. No costs. Consequently, the
connected Miscellaneous Petition is closed.
12-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
ms
To
1. The Additional Chief Secretary,
Revenue and Disaster Management Department, Government of Tamil
Nadu, Secretariat, Chennai-9.
2. The Secretary to Government
Government of Tamil Nadu,
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
Tiruvarur District.
5. The P.A to District Collector (General)
District Collector Office, Tiruvarur.
6. The Tahsildar
Tiruvarur Taluk,
Tiruvarur District.
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WP No. 40767 of 2026
MUMMINENI SUDHEER KUMAR J.
ms
W.P.No.40767 of 2026
and
W.M.P.No.45716 of 2026
12-10-2026
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