Court affirms entire service tenure to be considered for pension benefits, dismisses government appeals.
In a significant ruling, the Madurai Bench of the Madras High Court has upheld the right of former Village Assistants, who were later promoted as Village Administrative Officers (VAOs), to have their entire service period considered for pensionary benefits. The decision came as the court dismissed a series of appeals filed by the Revenue and Disaster Management Department of the Tamil Nadu Government.
The appeals sought to overturn earlier orders allowing the counting of the entire service period of Village Assistants, including their tenure as VAOs, for pension calculations. The government had previously contended that only the service period post-promotion should be considered, relying on clarifications that excluded the Village Assistant tenure from pensionable service.
Delivering the judgment, Justices Dr. G. Jayachandran and K.K. Ramakrishnan emphasized that service rendered by Village Assistants post-01.06.1995, when they were appointed as full-time employees, cannot be classified as "non-provincialised service" under the Tamil Nadu Pension Rules, 1978. The court noted the absence of a clear definition for "non-provincialised service" within the rules, thereby rejecting the government’s interpretation.
The court further pointed out that the government’s reliance on a 2019 clarification letter and a subsequent government order from 2025 was unnecessary, as the full service period should be recognized for pension benefits. This decision aligns with the lower court’s ruling, which directed the government to account for the entire duration of service, including the time served as Village Assistants.
In its concluding remarks, the court ordered that pensionary benefits be disbursed to the respondents within six weeks, marking a victory for the retirees who had long awaited resolution on their pension entitlements.
Bottom Line:
Pensionary benefits - Service rendered as Village Assistant from 01.06.1995 and as Village Administrative Officer to be considered as qualifying service for pensionary benefits under Tamil Nadu Pension Rules, 1978.
Statutory provision(s): Tamil Nadu Pension Rules, 1978; Tamil Nadu Abolition of Posts of Part-time Village Officers Act, 1981; G.O.Ms.No.625; G.O.Ms.No.73 Revenue and Disaster Management Department, dated 13.02.2025; Government Letter No. 39161/Ser.8(1)/2018-5, dated 20.11.2019.
