Madras High Court
WP/6878/2022 of A.A.Sathish Kumar Vs The Secretary to Government on 13 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 6878 of 2022
and WMP Nos.6922 and 6944 of 2022
CNR: {HCMA010402182022}
1. A.A.Sathish Kumar
2. S.Sudhakar Jones
3. A.Parameswaran
..Petitioner(s)
Vs
1. The Secretary to Government
Personnel and Administrative Reforms
Department
Secretariat, Chennai 9
2. The Secretary to Government
Finance Department Secretary,
Chennai 09
3. The Principal Commissioner and
Commissioner for Revenue Administration
Ezhilagam Chepauk
Chennai 5
4. The Commissioner
Animal Husbandry and Veternary Services
Integrated Animal Husbandry and Fisheries Department Office Complex No. 571 Anna Salai Veterinary Hospital Campus Nandanam, Chennai 35
5. The Engineer - in- Chief and Chief Engineer (G1) Water Resources Department Chennai 5
6. The Director
Directorate of Public Libraries
No. 737 / 1 Anna Salai Mount Road
Chennai 02
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, directing the respondents to count the service of the petitioners atleast with effect from the date of Hon’ble Supreme court order reported in AIR 1999 SC
3825 Government of Tamilnadu Vs. G. Mohammed Ammenudeen dated 28.9.22 or the order of Government of Tamilnadu in G.O.Ms. No. 30, P and AR
Department dated 16.2.2000 and G.O.Ms.No.209, P and AR department dated 23.11.01 atleast for the purpose of Pensionary Benefits under the Old pension scheme in pursuance of the Tamilnadu Pension Rules and consequently pass all the retirement benefits on the retirement of the petitioners.
For Petitioner(s):
Mr.A.Harivasagam
For Respondent(s):
Mr.S.Ilamvaludhi
Special Government Pleader - R1 To R5
Mrs.P.Mahalakshmi
Additional Government Pleader - R6
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ORDER
Learned counsel for the petitioners is not ready.
2. Learned Special Government Pleader would submit that as per Pension
Rules, the Government servants appointed on or after 01.04.2003 to services and post in connection with the affairs of the State which are borne on pensionable establishments, whether temporary or permanent, are not eligible for old pension scheme. It is the specific submissions of learned Special Government Pleader that these petitioners are appointed as per the G.O.Ms.No.246 dated 29.08.2003 and G.O.Ms.No.255, Personnel and Administrative Reforms (P) Department dated 24.09.2003 to regular service.
3. Learned Additional Government Pleader appearing for the 6th respondent would contend that in a similar issue, learned single judge though ordered for granting pension, the matter was taken up before the Division Bench in Writ Appeal No.2222 of 2022 and the same is pending. It is her submission that, concrete decision in this regard would be taken in this matter only after the disposal of the Writ Appeal.
4. In such view of the above submission, this Court directs the 1st respondent to consider the petitioners’ representation dated 07.02.2022, subject to the outcome of the Writ Appeal No.2222 of 2022, according to its own merits and in accordance with law. It is made clear that the 1st respondent has to consider the above representation and pass appropriate orders within a period of eight (8) weeks from the date of disposal of the Writ Appeal in W.A.No.2222 of 2022.
C.KUMARAPPAN, J. KAS
5. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 13-10-2026 Index: Yes/No Neutral Citation: Yes/No KAS To
1. The Secretary to Government Personnel and Administrative Reforms department Secretariat chennai 9
2. The Secretary to Government Finance Department Secretary, Chennai 09
3. The principal Commissioner and Commissioner for Revenue Administration Ezhilagam Chepauk chennai 5
4. The commissioner Animal Husbandry and Veternary Services integrated Animal Husbandry and Fisheries Department office complex No. 571 Anna salai veterinary Hospital campus Nandanam chennai
5. The Engineer - in- Chief &Chief Engineer (G1) Water Resources Department chennai 5
6. The Director directorate of Public Libraries No. 737 / 1 Anna salai Mount Road chennai 02