Madras High Court

WP/12900/2022 of N.Mharisamy Vs The State of Tamilnadu on 1 October 2026

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WP No. 12900 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-10-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

WP No. 12900 of 2022

CNR: {HCMA010652552021}

N.Mharisamy

S/o. G.Narayanasamy,

Plot No. 279, Sri Kamatchi Nagar,

Thirupathi Estate,

Thimmasamudram Village and Post,

Kanchipuram Taluk and District.

..Petitioner(s)

Vs

1. The State of Tamilnadu

Rep by its secretary to Government Rural Development and panchayt Raj Department Fort St. Goorge Chennai 09

2. Director of Rural Development and Panchayat Raj Department Panagal Building No. 1, Jones Road Saidapet chennai 15

3. The District Collector

Collectorate Chengalpet District Chengalpet

4. The Accountant General

Accounts and Entitlement Nandanam

Chennai 18

..Respondent(s)

Writ Petition filed under Article 226 of the Constitution of India praying issuance of Writ of Mandamus directing the respondents to count half of the service rendered by the petitioner as panchayat clerk / Assistant from 27.2.1982

till 29.9.1995 along with regular service rendered by the petitioner from 30.09.1995 till 28.2.2019 as qualifying service for the purpose of revising the

WP No. 12900 of 2022

pension and grant pension to the petitioner with all consequential benefits For Petitioner(s):

No appearance

For Respondent(s):

Mr.V.Sivalingam,

Government Advocate for RR1 to 3

Mr. V.Vijay Shankar Sc For R4

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ORDER

There is no representation on behalf of the petitioner. However, while looking into the prayer, the petitioner prays to count his past services as Panchayat Clerk/Assistant from 27.02.1982 till 29.09.1995, along with his regular service rendered by him from 30.09.1995 till 28.02.2019, as qualifying service for the purpose of revising the pension. In this regard, the petitioner already sent a representation dated 15.03.2021 to respondents 1 and 2 and such representation is pending.

2. The learned Government Advocate appearing for respondents 1 to 3 would submit that, by virtue of G.O.Ms.No.408, Finance (Pension) Department, dated 25.08.2009, in order to take 50% of the past service for the calculation of pension, one should have been absorbed in a Government Department in a permanent post prior to 01.04.2003. However, in all fairness, the learned Government Advocate appearing for respondents 1 to 3 would submit that, since the representation is pending with the Government, they would consider the same and pass orders according to its own merits and in accordance with law.

WP No. 12900 of 2022

3. In such view of the above position, without going into the merits of the matter, this Court directs respondents 1 and 2 to consider the representation of the petitioner dated 15.03.2021 and pass appropriate orders according to its own merits and in accordance with law, within a period of 8 weeks from the date of receipt of a copy of this order. No costs. 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No JRS To

1. The State of Tamilnadu Rep by its secretary to Government Rural Development and panchyt Raj Department Fort St. Goorge Chennai 09

2. Director of Rural Development and Panchayat Raj Department Panagal Building No. 1, Jones Road Saidapet Chennai 15

3. The District Collector Collectorate Chengalpet District Chengalpet

4. The Accountant General Accounts and Entitlement Nandanam Chennai 18

WP No. 12900 of 2022

C.KUMARAPPAN, J. JRS WP No. 12900 of 2022 01-10-2026

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