S.Selvam v. The Additional Chief Secretary to Government,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2026 CORAM : THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY AND THE HONOURABLE MRS. JUSTICE N. MALA W.P.(MD) Nos.13529 of 2020, 630, 2429, 4208, 11701, 11700, 4207, 11702 of 2021 13531, 18358 & 18361 of 2020 W.P.(MD) No.13529 of 2020 : S.Selvam

2.The Commissioner of Revenue Administration, Thanjavur District, Thanjavur. Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance Secretary to Government, Revenue Department, Secretariat, Chennai, to pass orders counting 50% of services of the petitioner as Thalayari for the period from

09.12.1985 to 31.05.1995 for the purpose of calculation of pension along with other regular service put in by him as Village Assistant and Village Administrative Officer and arrange to send revised pension proposals within a specified time frame, that may be fixed by this Court. W.P.(MD) No.630 of 2021 : M.Subramanian

2.The Principal Secretary and Commissioner of Revenue Administration, Tiruchirapalli District, Tiruchirapalli. Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance Secretary to Government, Revenue Department, Secretariat, Chennai, to pass orders counting 50% of services of the petitioner as Thalayari for the period from

01.07.1985 to 31.05.1995 for the purpose of calculation of pension along with other regular service put in by him as Village Assistant and Office Assistant and arrange to send revised pension proposals within a specified time frame, that may be fixed by this Court. W.P.(MD) No.2429 of 2021 : P.Karuppiah

2.The Principal Secretary and Commissioner of Revenue Administration, Ramanathapuram District, Ramanathapuram. Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance Secretary to Government, Revenue Department, Secretariat, Chennai, to pass orders counting 50% of services of the petitioner as Village Servant for the period from

05.09.1981 to 31.05.1995 for the purpose of calculation of pension along with other regular service put in by him as Village Assistant and arrange to send revised pension proposals within a specified time frame, that may be fixed by this Court. W.P.(MD) No.4208 of 2021 : K.Maruthamuthu

2.The Principal Secretary and Commissioner of Revenue Administration, Dindigul District, Dindigul. Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance Secretary to Government, Revenue Department, Secretariat, Chennai, to pass orders counting 50% of services of the petitioner as Thalayari for the period from

17.11.1988 to 31.05.1995 for the purpose of calculation of pension along with other regular service put in by him as Village Assistant and Village Administrative Officer and arrange to send revised pension proposals within a specified time frame, that may be fixed by this Court. W.P.(MD) No.11701 of 2021 : K.Subramanian

1.The Principal Secretary to Government,

2.The Principal Secretary and Commissioner of Revenue Administration, Virudhunagar District, Virudhunagar. Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent, i.e., the Principal Secretary to Government, Revenue Department, Secretariat, Chennai, to pass positive orders counting 50% of services of the petitioner as Thalayari for the period from

14.11.1986 to 31.05.1995 for the purpose of calculation of pension along with other regular service put in by him as Village Assistant and arrange to send revised pension proposals within a specified time frame, that may be fixed by this Court. W.P.(MD) No.11700 of 2021 : G.Muthusamy

1.The Principal Secretary to Government,

2.The Principal Secretary and Commissioner of Revenue Administration, Virudhunagar District, Virudhunagar. Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent, i.e., the Principal Secretary to Government, Revenue Department, Secretariat, Chennai, to pass positive orders counting 50% of services of the petitioner as Thalayari for the period from

24.03.1967 to 31.05.1995 for the purpose of calculation of pension along with other regular service put in by him as Village Assistant and arrange to send revised pension proposals within a specified time frame, that may be fixed by this Court. W.P.(MD) No.13531 of 2020 : G.Krishnan

2.The Commissioner of Revenue Administration, Thanjavur District, Thanjavur. Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance Secretary to Government, Revenue Department, Secretariat, Chennai, to pass orders counting 50% of services of the petitioner as Thalayari for the period from

21.10.1988 to 31.05.1995 for the purpose of calculation of pension along with other regular service put in by him as Village Assistant and Village Administrative Officer and arrange to send revised pension proposals within a specified time frame, that may be fixed by this Court. W.P.(MD) No.18358 of 2020 : S.Subbiah

2.The Principal Secretary and Commissioner of Revenue Administration, Virudhunagar District, Virudhunagar. Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance Secretary to Government, Revenue Department, Secretariat, Chennai, to pass orders counting 50% of services of the petitioner as Thalayari for the period from

18.05.1984 to 31.05.1995 for the purpose of calculation of pension along with other regular service put in by him as Village Assistant and Office Assistant and arrange to send revised pension proposals within a specified time frame, that may be fixed by this Court. W.P.(MD) No.18361 of 2020 : N.Ramasamy

2.The Principal Secretary and Commissioner of Revenue Administration, Virudhunagar District, Virudhunagar. Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance Secretary to Government, Revenue Department, Secretariat, Chennai, to pass orders counting 50% of services of the petitioner as Thalayari for the period from

18.05.1971 to 31.05.1995 for the purpose of calculation of pension along with other regular service put in by him as Village Assistant and arrange to send revised pension proposals within a specified time frame, that may be fixed by this Court. W.P.(MD) No.4207 of 2021 : S.Maruthamuthu

2.The Principal Secretary and Commissioner of Revenue Administration, Dindigul District, Dindigul. Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance Secretary to Government, Revenue Department, Secretariat, Chennai, to pass orders counting 50% of services of the petitioner as Thalayari for the period from

14.08.1987 to 31.05.1995 for the purpose of calculation of pension along with other regular service put in by him as Village Assistant and Village Administrative Officer and arrange to send revised pension proposals within a specified time frame, that may be fixed by this Court. W.P.(MD) No.11702 of 2021 : C.Kasi

1.The Principal Secretary to Government,

2.The Principal Secretary and Commissioner of Revenue Administration, Virudhunagar District, Virudhunagar. Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent, i.e., the Principal Secretary to Government, Revenue Department, Secretariat, Chennai, to pass orders counting 50% of services of the petitioner as Vettiyan for the period from 26.05.1971 to 31.05.1995 for the purpose of calculation of pension along with other regular service put in by him as Village Assistant and arrange to send revised pension proposals within a specified time frame, that may be fixed by this Court. For Petitioner : Mr.S.Visvalingam in all writ petitions For Respondents : Mr.M.S.Parthiban Government Counsel in all writ petitions C O M M O N O R D E R (Order of the Court was made by N. SATHISH KUMAR, J.) (Through video conferencing) The reference before us was made by a learned Single Judge of this Court to decide as to the entitlement of the pensioners/Village Karnams/Thalayaris, etc., for getting 50% of their erstwhile service to be considered eligible for pensionary benefits. The reference was made by order dated 14.10.2024.

2.Pursuant to the said order, earlier, a Full Bench was constituted consisting of Hon'ble Mr.Justice R.Suresh Kumar, Hon'ble Mr. Justice Senthilkumar Ramamoorthy and Hon'ble Mrs. Justice N.Mala, by order of the Hon'ble Chief Justice, dated

11.12.2025. Thereafter, since Hon'ble Mr. Justice R.Suresh Kumar superannuated, this Bench was constituted by the Hon'ble Chief Justice by office note order dated

08.06.2026.

3.Now, it is brought to the notice of this Bench that the issue before us as to whether the 50% of the past services of Thalayaris/Village Munsif/Karnam, etc., can be counted for their pensionary benefits, is no longer res integra. The said issue has been recently answered by another Full Bench of this Court consisting of Hon'ble Dr.Justice G.Jayachandran, Hon'ble Mr.Justice M.Dhandapani and Hon'ble Mr.Justice K.Kumaresh Babu, in the case of A.Elangovan v. State of Tamil Nadu and others reported in 2026 (2) LW 481. The Full Bench has answered the reference as follows : "33.In fine, on the reasons aforesaid, this Court answers the reference in the following terms :- "The persons, who were employed as Village Assistants/Talayaris prior to 1.6.1995, the date on which the service of Village Assistants/Talayaris were regularised, would not be entitled to count 50% of their service rendered in the pre-regularised period, viz., prior to 1.6.1995, for the purpose pensionary benefits, as the said posts held by them were part-time posts and not posts borne out of service or cadre."

4.Since the issue has already been considered and answered by another Full Bench of this Court, no further deliberation is required in this reference. Accordingly, this reference is closed.

5.In the light of the authoritative pronouncement of the Full Bench in A.Elangovan's case (supra) dismissing the writ petition therein to count the 50% of the petitioner's past service for pensionary benefits, all the above writ petitions with similar prayer stand dismissed. No costs. (N.S.K., J.) (S.K.R., J.) (N.M., J.)

14.07.2026 mkn Internet : Yes Index : Yes / No Speaking Order / Non-speaking order To

2.The Principal Secretary to Government,

3.The Principal Secretary and Commissioner of Revenue Administration,

4.The District Collector, Thanjavur District, Thanjavur.

5.The District Collector, Tiruchirapalli District, Tiruchirapalli.

6.The District Collector, Ramanathapuram District, Ramanathapuram.

7.The District Collector, Dindigul District, Dindigul.

8.The District Collector, Virudhunagar District, Virudhunagar.

N. SATHISH KUMAR, J. W.P.(MD)oNo.13529oofo2020,oetc.obatch SENTHILKUMARoRAMAMOORTHY,oJ. and N.oMALA,oJ. mkn W.P.(MD)oNos.13529oofo2020, 630,o2429,o4208,o11701,o11700,o4207,o11702oofo2021 13531,o18358o&o18361oofo2020

14.07.2026