K.Velmayil vs The Secretary To Government on 31 January, 2019
In such circumstances, the judgment of Hon'ble
Mr.Justice S.Vaidyanathan in M.Vellaian v. Secretary to
Government, Department of Revenue and others may not hold
good having regard to the specific provisions of Tamil Nadu
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W.A.(MD)No.370 of 2019
Village Assistants Pension Rules, 1995. Leave alone the
provisions of the Rules which have been given effect to or
interpreted in several precedents including the two judgment
relied upon by the learned Single Judge in this case in several
judgments of Division Bench, this Court has taken a consistent
view that the petitioners are entitled to count 50% of their past
service they have rendered as Thalayaris upto 31.05.1995 along
with the regular service for the purpose of pension. It is
admitted that the decisions of this Court by the Division Bench
have been confirmed by the Hon'ble Supreme Court in several
cases. It is also admitted that the Government has implemented
the consistent view expressed by this Court in several individual
cases. It was on account of the fact that some of the precedents
and the applicable rules have not been brought forth by the
Government Pleaders properly before some of the learned Judges
of this Court, the issue which has been raised by the Government
has been answered against the Government in several
precedents and the ratio settled by this Court has been followed
and implemented in several individual cases by the Government.
In such circumstances, this Court is of the view that there is no
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W.A.(MD)No.370 of 2019
scope for reference to a larger Bench and that the order
impuged in W.P.(MD)No.70 of 2019 is set aside. The Writ Petition
in W.P.(MD)No.70 of 2019 stands allowed in tune with the earlier
precedents of this Court. The first respondent is directed to pass
orders counting 50% of the services of the appellant put in by
him as Thalayari for the period from 07.01.1983 to 31.05.1995
for the purpose of calculation of pension along with regular
services put in by him as Village Assistant and Village
Administrative Officer and to send revised pension proposals
within a period of six weeks from the date of receipt of a copy of
this order.