The Secretary To Government, v. C.Vembaiah Thevar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and C.M.P.(MD)Nos.6121, 6124, 6125, 6128 & 6131 of 2020 1.The Secretary to Government, Revenue Department, Government of Tamil Nadu, Fort St.George, Chennai-9.

2.The District Collector, Tuticorin District, Tuticorin.

... Appellants in all Writ Appeals -VsC.Vembaiah Thevar ... Respondent in W.A.(MD)No.1114/2020 M.Karuppasamy ... Respondent in W.A.(MD)No.1115/2020 P.Balasubramanian ... Respondent in W.A.(MD)No.1116/2020 O.Paulsamy Reddiyar ... Respondent in W.A.(MD)No.1117/2020 S.Lakshmi ... Respondent in W.A.(MD)No.1118/2020 COMMON PRAYER: Appeals filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 15.03.2018 made in W.P.(MD)Nos.882 to 886 of 2018 on the file of this Court.

For Appellants : Mr.V.Om.Prakash, Government Advocate For Respondent : No Appearance (in all Writ Appeals) COMMON JUDGMENT [Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.] The State is the appellant before this Court. 2.The said Writ Petitions have been instituted by the respondents to consider their representations for grant of pensionary benefits from their respective initial date of appointment in the post of Village Assistant. 3.The issues raised in the present Writ Appeals are no more res-integra. The Division Bench of this Court has elaborately considered the issues relating to the appointment of Village Assistant and their service rights in a batch of Writ Appeals in W.A.(MD)No.1629 of 2018 etc., batch and delivered judgment on 26.02.2021. The Writ Appeals filed by the State of Tamil Nadu were allowed. Special Leave Petition filed by the employees were dismissed by the Hon'ble Supreme Court of India vide order dated 12.08.2022.

4.It is brought to the notice of this Court that the learned Single Judge, who passed the impugned order in the present Writ Appeals, while sitting in a Division Bench, has also followed the judgment of the earlier Division Bench of this Court dated 26.02.2021, which was confirmed by the Hon'ble Supreme Court of India.

5.That being the factum, the present Writ Appeals are to be considered. Accordingly, the common order of the Writ Court dated 15.03.2018 made in W.P.(MD)Nos.882 to 886 of 2018 is set aside and these Writ Appeals are allowed. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S, J.] & [A.D.M.C., J.] 09.07.2025 NCC : Yes / No Index : Yes / No Yuva

S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

Yuva 09.07.2025