V.Mariyappan v. The Secretary to Government

Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.08.2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA and W.M.P.Nos.34122, 34124, 34128, 34130, 34183, 34184, 34187 & 34188 of 2026 V.Mariyappan ..Petitioner(s) in W.P.No.31041 of 2026 E.Elumalai ..Petitioner(s) in W.P.No.31044 of 2026 M.Mannathan ..Petitioner(s) in W.P.No.31085 of 2026 V.Kathiravan ..Petitioner(s) in W.P.No.31087 of 2026 Vs.

¶1The Secretary to Government, Revenue Department, Secretariat, Fort St. George, Chennai – 600 009.

¶2The Secretary to Government, Finance Department, Secretariat, Fort St George, Chennai – 600 009.

¶3The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai – 600 005.

¶4The Accountant General (A & E), Teynampet, Chennai – 600 018.

¶5The District Collector, Chenglapattu District, Chengalpattu.

¶6The Tahsildhar, Maduranthakam Taluk, Chengalpattu District. ..Respondent(s) in all petitions Page2 of 8 Prayer in W.P.No.31041 of 2026: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to order of the 6th respondent in Na.Ka.No.200/2026/A2, dated 10.03.2026 and quash the same as illegal and consequently, direct the respondents 1 to 6 to disburse full pension, and gratuity counting full service rendered by the petitioner as Village Assistant, for the period from 01.06.1995 to 12.10.2022, with arrears and interest. Prayer in W.P.No.31044 of 2026: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to order of the 6th respondent in Na.Ka.No.200/2026/A2, dated 10.03.2026 and quash the same as illegal and consequently, direct the respondents 1 to 6 to disburse full pension, and gratuity counting full service rendered by the petitioner as Village Assistant, for the period from 01.06.1995 to 09.09.2019, with arrears and interest. Prayer in W.P.No.31085 of 2026: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to order of the 6th respondent in Na.Ka.No.200/2026/A2, dated 10.03.2026 and quash the same as illegal and consequently, direct the respondents 1 to 6 to disburse full pension, and gratuity counting full service rendered by the petitioner as Village Assistant, for the period from 01.06.1995 to 29.10.2020, with arrears and interest. Prayer in W.P.No.31087 of 2026: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to order of the 6th respondent in Na.Ka.No.4640/2024/D, dated 17.03.2026 and quash the same as illegal and Page3 of 8 consequently, direct the respondents 1 to 6 to disburse full pension, and gratuity counting full service rendered by the petitioner as Village Assistant, for the period from 01.06.1995 to 09.09.2019, with arrears and interest. In all petitions: For Petitioner(s) : Mr.G.Jaisivaramaraj For Respondent(s) : Mr.S.Srinivasan, Additional Government Pleader, for R1 to R3 and R5 & R6 : Mr.Arjun Suresh, Standing Counsel, for R4 COMMON ORDER W.P.No.31041 of 2026 is filed for the relief set out below: "to call for the records relating to order of the 6th respondent in Na.Ka.No.200/2026/A2, dated 10.03.2026 and quash the same as illegal and consequently, direct the respondents 1 to 6 to disburse full pension, and gratuity counting full service rendered by the petitioner as Village Assistant, for the period from 01.06.1995 to 12.10.2022, with arrears and interest." W.P.No.31044 of 2026 is filed for the relief set out below: "to call for the records relating to order of the 6th respondent in Na.Ka.No.200/2026/A2, dated 10.03.2026 and quash the same as illegal and consequently, direct the respondents 1 to 6 to disburse full pension, and gratuity counting full service rendered by the petitioner as Village Assistant, for the period from 01.06.1995 to 09.09.2019, with arrears and interest." Page4 of 8 W.P.No.31085 of 2026 is filed for the relief set out below: "to call for the records relating to order of the 6th respondent in Na.Ka.No.200/2026/A2, dated 10.03.2026 and quash the same as illegal and consequently, direct the respondents 1 to 6 to disburse full pension, and gratuity counting full service rendered by the petitioner as Village Assistant, for the period from 01.06.1995 to 29.10.2020, with arrears and interest." W.P.No.31087 of 2026 is filed for the relief set out below: "to call for the records relating to order of the 6th respondent in Na.Ka.No.4640/2024/D, dated 17.03.2026 and quash the same as illegal and consequently, direct the respondents 1 to 6 to disburse full pension, and gratuity counting full service rendered by the petitioner as Village Assistant, for the period from 01.06.1995 to 09.09.2019, with arrears and interest."

¶2Heard the learned counsel appearing on either side and perused the materials available on record.

¶3The issue involved in the present cases has already been dealt with by the Division Bench of the Madurai Bench of this Court in the case of The Additional Chief Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai and others Vs. K.Marimuthu Page5 of 8 (W.A.(MD).Nos.1200 of 2025 and etc. batch of cases, decided on 03.02.2026), wherein the Division Bench has held that the Village Assistant service is not termed as non provincialised service and that 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 and further directed the respondents to disburse the pensionary benefits. For better appreciation, the relevant portion of the said judgment is extracted as under:- "5.The narrow question that arise in these appeals is whether the service of the Village Assistant from 01.06.1995 is non-provincialised service and if not, whether the impugned order is in accordance with law? …..

¶9In 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 Page6 of 8 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.

¶10Accordingly, the order of the writ court does not warrant any interference, and all the writ appeals are dismissed. The respondents are directed to disburse the pensionary benefits within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed."

¶4The above judgment of the Division Bench of the Madurai Bench of this Court applies on all fours to the instant cases and accordingly, these writ petitions stand allowed and the respective impugned orders are set aside and the respondents are directed to comply with the directions issued in W.A.

(MD).Nos.1200 of 2025 and etc. batch of cases, decided on 03.02.2026, with regard to payment of penionary benefits in respect of the petitioners herein as well, within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petitions are closed.

06.08.2026 Index: Yes/No Speaking/Non-speaking order skt Page7 of 8 To:

¶1The Secretary to Government, Revenue Department, Secretariat, Fort St. George, Chennai – 600 009.

¶2The Secretary to Government, Finance Department, Secretariat, Fort St George, Chennai – 600 009.

¶3The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai – 600 005.

¶4The Accountant General (A & E), Teynampet, Chennai – 600 018.

¶5The District Collector, Chenglapattu District, Chengalpattu.

¶6The Tahsildhar, Maduranthakam Taluk, Chengalpattu District. W.P.Nos.31041,o31044,o31085o&o31087oofo2026 P.T.ASHA,oJ. skt W.P.Nos.31041,o31044,o31085o&o31087oofo2026 and W.M.P.Nos.34122,o34124,o34128,o34130,o34183,o34184,o34187o&o34188oofo 2026

06.08.2026 Page8oofo8