A.Gangadharan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2026

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY A.Gangadharan ... Petitioner Vs 1.The State of Tamil Nadu, Represented by its Secretary to Government, Revenue Department, Fort St. George, Chennai - 600 009.

2.The Accounts Officer, Office of the Account General, Accounts and Entitlements, Nandhanam, Chennai - 18.

3.The District Collector, Thanjavur District, Thanjavur.

4.The Tahsildar, Thanjavur Taluk, Thanjavur District.

... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 01.10.2023 seeking pension to count 50% of the past service rendered by the petitioner from 1968 to 30.04.1995 along with the regular service from 01.05.1995 to 30.06.1997 and consequently direct the respondents sanction and disburse the pension and all arrears of pension to the petitioner with statutory interest within a time frame fixed by this Court.

For Petitioner : Mr.P.Venkatesan For Respondents : Mr.K.K.Udhya Kumar (R1, R3 & R4) counsel for State : Mr.P.Gunasekaran (R2) Standing Counsel

ORDER

The present Writ Petition is filed for a Mandamus directing the respondents to consider the representation of the petitioner dated 01.10.2023 seeking pension by counting 50% of the past service rendered by the petitioner from 1968 to 30.04.1995 along with the regular service from 01.05.1995 to 30.06.1997, and consequently to direct the respondents to sanction and disburse the pension and all arrears of pension to the petitioner 2/6

with statutory interest, within a time frame to be fixed by this Court. 2.The petitioner was initially appointed as a Village Assistant (Thalaiyari) in the year 1968. Thereafter, he continued in the said post. Subsequently, the respondent regularised the petitioner's service through proceedings in Na.Ka.No.14104/95 dated 27.10.1995, granting him the special time scale of pay with effect from 01.05.1995. He retired from service on attaining the age of superannuation on 30.06.1997, thereby rendering about 27 years of past service. However, the respondents failed to take into account 50% of the past service. Hence, the present Writ Petition has been filed.

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

4.It is a settled position that Thalaiyari service was rendered as a part-time job. Even the Act under which Thalaiyari was recruited clearly 3/6

states that the post is a part-time post. The provision also permits the incumbent to engage in any other avocation apart from Thalaiyari service. The said issue was also considered by the Hon'ble Division Bench of this Court in the State of Tamil Nadu v. E. Balachandran [2021 (3) MLJ 92], wherein it has been held that Thalaiyari service cannot be counted as qualifying service for regular pension. Therefore, the present Writ Petition cannot be entertained and is liable to be dismissed. 5.Accordingly, the Writ Petition is dismissed. No costs. 23.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The Secretary to Government, Represented by the State of Tamil Nadu, Revenue Department, Fort St. George, Chennai - 600 009.

2.The Accounts Officer, Office of the Account General, Accounts and Entitlements, Nandhanam, Chennai - 18.

3.The District Collector, Thanjavur District, Thanjavur.

4.The Tahsildar, Thanjavur Taluk, Thanjavur District.

5/6

S.SRIMATHY, J.

ps Order made in 23.06.2026 6/6