Madras High Court
Social Security and PensionsEmployment and Labour Law

Service as Village Assistant after 1 June 1995 must count toward pension.

S.Muthusamy vs The Secretary to the Government

Madras High CourtJUDGMENT: October 06, 20262 MIN READSOURCE JUDGMENT
Service as Village Assistant after 1 June 1995 must count toward pension.. S.Muthusamy vs The Secretary to the Government. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner was appointed as a Village Assistant on 15 October 1992. His service was brought into the regular time scale of pay under G.O. (Ms.) No. 625 dated 6 July 1995; he served as a Village Assistant until his promotion as Village Administrative Officer on 27 February 2018 and retired on 30 April 2024.

Source reference: pp. 2–4, paras. 1, 4

In fixing his pension, only 50% of his Village Assistant service from 15 October 1992 to 1 June 1995 was counted. He sought a direction to count that service, together with his later service, for pensionary benefits, relying on earlier decisions concerning Village Assistants.

Source reference: pp. 2–4, paras. 1, 4
02

Issues

Whether the petitioner was entitled to have his pre-1 June 1995 service as a Village Assistant counted towards qualifying service for pension.

Source reference: pp. 2–4, paras. 1, 4

Whether, in light of the decisions concerning Village Assistants whose service was brought into the regular time scale under G.O. (Ms.) No. 625, the respondents were required to revise the petitioner’s pensionary benefits.

Source reference: pp. 4–7, paras. 5–11
03

Law Applied

The Court relied on the Division Bench decision in The Additional Chief Secretary to Government and Others v. K. Marimuthu, W.A. (MD) No. 1200 of 2025 and batch, dated 3 February 2026, which held that Village Assistant service after 1 June 1995, together with service as a Village Administrative Officer, was to be counted for pensionary benefits; the Division Bench also noted the State’s submission that such service could not be termed “non-provincialised”.

Source reference: pp. 5–7, paras. 6, 10

The Court also referred to the earlier Single Judge decision in A. Andiyapillai v. Principal Secretary to Government and Others, W.P. (MD) No. 10819 of 2022 and batch, dated 14 March 2024, as upheld in that appeal, and to Velusamy v. Secretary to Government and Others, W.P. (MD) No. 7689 of 2021, dated 24 February 2026.

Source reference: pp. 4–5, paras. 6–7
04

Reasoning

The Court found the petitioner’s case factually identical to those considered by the Division Bench, including the application of G.O. (Ms.) No. 625. It therefore held that he could not be denied the benefit recognised in those decisions.

Source reference: pp. 6–7, paras. 10–12

The Court directed the respondents to recalculate his pension by counting his Village Assistant service from 1 June 1995 to 27 February 2018, together with his Village Administrative Officer service. Although the petitioner had sought credit for 50% of his service before 1 June 1995, the operative direction does not expressly require that pre-cutoff period to be counted.

Source reference: pp. 6–7, paras. 10–12
05

Holding

The writ petition was allowed. The respondents were directed to recalculate the petitioner’s pension by including his service as a Village Assistant from 1 June 1995 to 27 February 2018 and his subsequent service as a Village Administrative Officer.

The respondents were directed to issue fresh orders, and pay the resulting monetary benefits within eight weeks of receiving a copy of the order. No costs were awarded.

Source reference: p. 8, paras. 12–13
Madras High Court

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S.MuthusamyvsThe Secretary to the Government

Madras High Court · October 06, 2026

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