WA/3494/2023 of The Government of Tamil Nadu Vs N. Rajendran on 28 August 2026

COMMON JUDGMENT

(Judgment of the Court was made by S.M.Subramaniam, J.) In the present case, the first respondent / writ petitioner in W.A.No.3494 of 2023 joined as Part Time Clerk in Panchayat Union office on 01.08.1973. He was absorbed as Junior Assistant on full time basis with effect from 31.12.1990.

2. Similarly, the first respondent / writ petitioner in W.A.No.3435 of 2023 joined as Part Time Clerk in Panchayat Union office on 16.05.1972. He was absorbed as Junior Assistant on full time basis with effect from 28.12.1990.

3. The claim of the first respondent in both the intra-court appeals is for counting 50% of the services rendered as Part-Time Clerks in the Panchayat Union Office.

4. The issue raised in the present writ appeals is no more res integra and already decided by this Court in a batch of intra-court appeals in the case of The State of Tamil Nadu and Others Vs. A.Chidambaram reported in 2026:MHC:2486. In the said judgment, this Court considered the rule position as well as the entitlement of the Part Time Clerks in Panchayat Union Office. The relevant paragraphs are extracted hereunder: “27.In the present batch of appeals, the grounds for relief are based on the Government Orders implementing Court orders, and certainly not on the foothold of the Rules/law in place. Consequently, such individual orders have been followed as precedent in similarly placed consequential cases, creating a spinning wheel of precedent to choose from, thereby causing inconsistency and diluting the actual Rules/law in force.

28. The question arises: when certain orders relied on are running counter to the Pension Rules in force, and have been passed merely by relying on earlier orders as well as Government Orders implementing those court orders, can such orders be followed in perpetuity?

29. In this regard, reliance has been placed on the Full Bench judgment in the case of P.L.S. Palaniappan cited supra. It is considered that Article 14 of the Constitution of India cannot be invoked for perpetuating illegality. A wrong order passed in one case cannot be made the basis for compelling a public authority to pass a similar order in any other case. Even if the State implements an erroneous order passed by the Court, it cannot be precluded from challenging a similar order passed in another case, simply because an appeal was not preferred in the earlier case.

VII. CONCLUSION:

30. Relying on the legal principle considered as above, this Court could arrive at the irresistible conclusion that those Government Orders and the judgments of the Single Judges and the Division Bench, running counter to the ratio laid down by the Full Bench judgments cited supra, cannot be a ground to claim the relief of counting of 50% of service in respect of part-time service rendered. The said benefit is to be granted strictly in accordance with the Pension Rules.

31. Therefore, all the orders of the learned Single Judges and Division Bench judgments, running counter to Rule 11(2) and 11(4) of the Rules, 1978 and contrary to the judgments of the Full Bench of this Court, have denuded to lose its status as precedent and cannot be followed for granting the relief of counting of 50% of service rendered by Part- Time Panchayat Clerks, or employees served in part-time employment.”

5. In view of the judgment cited supra, the impugned writ orders dated 31.10.2022 passed in W.P.No.22620 of 2013 and W.P.No.22625 of 2013 are set aside and the writ appeals are allowed. No costs. Consequently, connected civil miscellaneous petitions are closed. [S.M.S., J.] [K.G.R., J.]

28.08.2026 Index : Yes Speaking Order : Yes Neutral Citation : Yes / No TK

To

1. The Principal Accountant General (Accounts & Entitlements) Tamil Nadu 361, Anna Salai, Chennai – 600 018.

2. The Commissioner Thirumanur Panchayat Union, Thirumanur, Ariyalur District.

Thirumanur, Ariyalur District.

4. The Commissioner Veppur Panchayat Union, Veppur, Perambalur District.

Veppur, Perambalur District.

S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. TK

W.A.NOS.3494 AND 3435 OF 2023 28.08.2026