JUDGMENT 1. The petitioners have approached this Court with a prayer for issuance of writ in the nature of Mandamus, directing the first respondent to count the services rendered by the petitioners on the post of Part Time Panchayat Clerk in the Village Panchayat at Thoothukudi District for the purpose of pension and other retirement benefits together with all consequential benefits. 2. The petitioners were appointed as Part Time Panchayat Clerks in various Village Panchayats situated at Thoothukudi between 1964 and 1986. The duties being performed by the Full Time Panchayat Clerks and Part Time Panchayat Clerks was same and identical. The designation of the post of Part Time and Full Time Panchayat Clerks was based on the population as well as income of the respective Village Panchayats. In the villages where the income of the Panchayats was more, the Panchayat Clerk was called Full Time Panchayat Clerks, and where income was less, that the Panchayat Clerk was called as Part Time Panchayat Clerk. 3. The duties of the Panchayat Clerks both Part-Time and Full-Time were to collect revenue for the concerned village panchayat, viz., Houst Tax, Water Tax, Professional Tax and Licensing Fee etc. from the residents / traders of the respective village panchayat. The duty of panchayat clerk was to maintain village panchayat records, minutes of the panchayat Board meetings, Cash book, Accounts etc. 4. The Government of Tamil Nadu, vide G.O.Ms.No.349 P&AR dated 12.04.1984, amended the Tamilnadu Ministerial Service rules, by reserving 10% of the vacancy in the cadre of Junior Assistant for Part-Time and Full-Time Clerks of the Village Panchayats, who had put in a regular service of more than five years, subject to their having requisite minimum educational qualification. 5. The instructions issued vide G.O.Ms.No.349 P&AR dated 12.04.1984 were further clarified, stating that the vacancies reserved in the post of Junior Assistant for the Part-Time/Full-Time clerks upto 01.04.1990 was to be filled up with reference to number of vacancies available in the cadre of Junior Assistant, subject to employees having requisite qualification and experience. The post of Panchayat Clerks was reorganised on 28.11.1990 and converted to the post of Panchayat Assistant with effect from 01.01.1991. 6. The petitioners were accordingly redesignated as Panchayat Assistants with effect from 01.01.1991. The petitioner no.18 was appointed as Junior Assistant on 31.01.1986 prior to issuance of G.O.Ms.No.962 RD Department dated 28.11.1990 under the 10% reservation. The post of Panchayat Clerks was reorganised on 28.11.1990 and converted to the post of Panchayat Assistant with effect from 01.01.1991. 6. The petitioners were accordingly redesignated as Panchayat Assistants with effect from 01.01.1991. The petitioner no.18 was appointed as Junior Assistant on 31.01.1986 prior to issuance of G.O.Ms.No.962 RD Department dated 28.11.1990 under the 10% reservation. All other petitioners were also appointed as Junior Assistants after 1990 by transfer of services and were subsequently promoted as Assistants. Some of the petitioners were further promoted as Extension Officer. 7. The details with respect to each of the petitioners read as under: 8. The grievance of the petitioners is that though the petitioners were absorbed in the departmental service and were given regular promotion in the Rural Development Department, the services rendered as Part-Time Panchayat Clerk at Village Panchayat for the purpose of pension and other retirement benefits was not counted. 9. Learned counsel for the petitioners in support of the contention, that the petitioners are entitled to benefit of Part-Time services rendered as Panchayat Clerks for the purpose of pension and other retiral benefits, has placed reliance on G.O.(Rt) No.39 of the Rural Development and Panchayat (E5) Department, dated 13.06.2011. 10. The translated copy of which reads as under: "ABSTRACT Establishment – Rural Development and Panchayat Raj Department – Panchayat Assistants, Grade-I and Grade-II Full Time/Part Time, Clerks worked as Panchayat Clerks, absorbed in the cadre of Junior Assistant in the Government Service prior to 01.04.2003 – Permission granted to take into consideration 50% period of their service under consolidated pay for the calculation of pensionary benefit – orders issued – regarding. Rural Development and Panchayat (E5) Department Date: 13.06.2011 Read:– G.O. (Rt) No.39 1. Government (Rt) No.408, Finance (Pension) Department, dated 25.08.2009. 2. 2. Letter in R.O.C.No.99250/2010/E3 dated 27.12.2010 from the Director of Rural Development and Panchayat Raj Department. ORDER:- As applicable to all those, who worked in non-provincialised service, on the basis of consolidated pay, Honorarium and Daily Wages, as read in the G.O.1st cited, and absorbed in permanent post prior to 01.04.2003; orders issued permitting to take into consideration, half of the total period of service rendered in the non provincialised service, service on the basis of consolidated pay, Honorarium and Daily Wages, after 01.01.1961, will be added to the qualifying period of service for pension, in order to draw the pensionary benefits, subject to certain conditions. 11. The Director of Rural Development and Panchayat Raj Department in his letter, as 2nd read above, has requested the Government to take into consideration 50% of the period of service rendered under the consolidated pay for pension and to grant the pensionary benefits to those, who worked as Panchayat Assistant in any one of the two grades viz. Grade-1 and Grade-2 either as full time or part time panchayat clerks and if absorbed in the Government post in the cadre of Junior Assistant, prior to 01.04.2003. 12. The Government carefully examined the recommendation of the aforesaid Director of Rural Development and Panchayat Raj Department and on considering those who worked as Panchayat Assistant in anyone of the two grades viz., Grade-1, Grade-2, either as full time clerk or part time clerk and if absorbed in the government service, in the cadre of Junior Assistant, prior to 01.04.2003, issued orders permitting to take into consideration 50% of the period of service rendered under consolidated pay to be added with the period of government service for the purpose of drawing pensionary benefits. 13. This Government Order is issued with the approval of the Finance Department in O.M.No.1086/FS/P/2011 dated 10.05.2011. (As per the order of the Governor) N.S. Palaniappan Chief Secretary to Government." 11. Learned counsel for the petitioners has also placed reliance on the judgment of this Court in W.P.(MD) No.8289 of 2008 (R.Srinivasan vs. The State of Tamil Nadu and others), decided on 09.11.2009, wherein this Court was pleased to lay down as under: "11. According to me, there is no need to go into the earlier judgments cited by the learned counsel appearing for the petitioner or objections raised by the learned counsel appearing for the 5th respondent. It has been brought to my notice by Mrs.Nisha Banu, the learned counsel appearing for the petitioner that G.O.Ms.408, Finance (Pension), dated 25.08.2009, by which the service of those employees, who were employed on consolidated pay or on daily wages or on honorarium were regularised earlier to 01.04.2003 are also entitled to calculate 50% of the Service in that category for calculating pension benefits and therefore, as per the aforesaid G.O., the petitioner is entitled to calculate 50% of the Service viz., during the period from 1.6.1972 to 31.12.90. 14. 14. Further, it is seen from the aforesaid G.O. that the said G.O. was issued having regard to Rule 11(2) of of the Tamil Nadu Pension Rules 1978 and Tamil Nadu Pension Rule 1978 was suitably amended as per the said G.O. Therefore, as per the earlier judgments of this court and as per the G.O.Ms.No.408, dated 25.08.2009, the petitioner is entitled to calculate his 50 % of the Service from 01.06.1972 to 30.12.1990 and if so calculated, the petitioner's Service would be more than 10 years and is eligible to be considered for pension. 15. Hence, the impugned order passed by the respondents 4 and 5 are set aside and accordingly, the writ petition is allowed. Consequently, connected Miscellaneous Petition is closed. No costs. The respondents are directed to consider the case of the petitioner and sanction pension in the light of the judgment of this court and also on the basis of G.O.Ms.408, Finance (Pension), dated 25.08.2009." 16. The writ petition is opposed by the learned Additional Government Pleader, primarily on the ground, that for the purpose of pension, the services rendered on regular basis can only be taken into consideration. The Part-Time service cannot be considered to be service in the cadre for counting the services for pension and other retiral benefits. 17. On consideration, I find that this writ petition deserves to succeed. The averments made in the writ petition go unrebutted. The specific stand of the petitioners is that Part-Time Panchayat Clerks or Full-Time Panchayat Clerks were performing the same duties, whereas nomenclature of Panchayat Clerks were given based on the income of Village Panchayat and population of the Village. If that is the case, the petitioners cannot be said to be Part-Time employees, not doing regular services, as it was merely a designation. It is for this reason, that the State Government issued G.O.(Rt) No.39 of the Rural Development and Panchayat (E5) Department, dated 13.06.2011 for counting 50% of the services rendered as Part-Time Panchayat Clerks, for being added to the Government service for the purpose of pensionary benefits. 18. It is for this reason, that the State Government issued G.O.(Rt) No.39 of the Rural Development and Panchayat (E5) Department, dated 13.06.2011 for counting 50% of the services rendered as Part-Time Panchayat Clerks, for being added to the Government service for the purpose of pensionary benefits. 18. It may further be noticed, that inspite of number of judgment passed by this Court in granting the benefit of services rendered on adhoc, temporary and on contract basis, the respondents have failed in their statutory duties to considered the representation filed by petitioners for grant of benefit of Part-Time services for the purpose of pensionary benefits. 19. In any case, there is no justification with the respondents to deny the benefit of services rendered on Part-Time basis as Panchayat Clerks in view of G.O.(Rt) No.39 of the Rural Development and Panchayat (E5) Department, dated 13.06.2011, issued by the State Government stipulating that benefit of 50% of the services rendered on Part-Time basis for the purpose of pensionary benefits. 20. Consequently, this writ petition is allowed. The writ in the nature of Mandamus is issued, directing the respondents to count 50% of the services rendered by the petitioners, as Part-Time Panchayat Clerks in the Village Panchayat for grant of pension and other retiral benefits. 21. No costs.