Madras High Court
WP(MD)/29336/2026 of M.Kasim Mohaideen Vs The Secretary to the Governm on 12 October 2026
WP(MD) No. 29336 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12-10-2026
CORAM
THE HON'BLE MR JUSTICE B.PUGALENDHI
WP(MD) No. 29336 of 2026
CNR:{HCMD011440322026}
M.Kasim Mohaideen
..Petitioner(s)
Vs
1. The Secretary to the Government
Highways and Minor Ports Department,
The Secretariat,
Fort St. George,
Chennai - 600 009.
2. The Chief Engineer,
Construction and Maintenance,
Highways Department,
Madurai Zone,
Alagarkoil Road,
Madurai - 625 002.
3. The Divisional Engineer
Construction and Maintenance,
Highways Department,
Madurai Zone,
Alagarkoil Road,
Madurai - 625 002.
..Respondent(s)
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the Respondents to consider the Petitioner’s representation dated 09.07.2026
and grant pension by reckoning the Petitioners past service rendered from 01.12.1984 to 23.04.2012, to the extent permissible under and subject to the applicability and conditions prescribed under Rule 11 (4) of the Tamil
WP(MD) No. 29336 of 2026
Nadu Pension Rules, 1978, and by taking into account in full the regular service rendered by the Petitioner from 26.04.2012 to 31.03.2024, and consequently sanction and disburse the pension and arrears of pension together with interest at the rate of 9 percentage per annum from the date on which the same became due till the date of actual payment.
For Petitioner(s):
Mr Robert Chandra Kumar I
For Respondent(s):
Mr.M.Mahaboob Athiff
Special Government Pleader
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ORDER
By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
2. The petitioner was engaged as a daily-wage worker under the Nominal Muster Roll (NMR) in the Highways Department in the year 1984 and was regularised in service with effect from 26.04.2012. The petitioner retired from service as a Gangman in the year 2024. The petitioner submitted a representation seeking to reckon 50% of the service rendered by him on daily wages as qualifying service for pensionary benefits and has filed this Writ Petition seeking a Writ of Mandamus directing the respondents to consider the said representation and pass appropriate orders.
WP(MD) No. 29336 of 2026
3. When this Writ Petition is taken up for hearing, Mr.M.Mahaboob Athiff, learned Special Government Pleader takes notice for the respondents and by referring to the letter dated 09.10.2026 addressed to the petitioner by the Divisional Engineer (H), C & M Division (1), Madurai, submits that the request made by the petitioner on 09.07.2026 has been considered in the light of the orders passed by the Hon'ble Full Bench of this Court in Government of Tamil Nadu and Others v. R. Kaliyamoorthy, reported in (2019) 6 CTC 705, and has been rejected. The order of rejection has been placed before this Court, and a copy thereof has also been served on the learned counsel for the petitioner.
4. In view of the above submission, this Writ Petition is closed, granting liberty to the petitioner to work out his remedy in the manner known to law, if so advised. No costs. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No mbi
WP(MD) No. 29336 of 2026 To
1. The Secretary to the Government Highways and Minor Ports Department, The Secretariate, Fort St. George, Chennai - 600 009Chennai
2. The Chief Engineer, Construction and Maintenance, Highways Department, Madurai Zone, Alagarkoil Road, Madurai - 625 002.
3. The Divisional Engineer Construction and Maintenance, Highways Department, Madurai Zone, Alagarkoil Road, Madurai - 625 002.
WP(MD) No. 29336 of 2026 B.PUGALENDHI, J. mbi WP(MD) No. 29336 of 2026 12-10-2026