WP/40604/2026 of R. Dakshinamoorthy Vs The State of Tamil Nadu on 26 October 2026

COMMON ORDER

The petitioner herein worked as Assistant in the Geological work during the years 1971 to 1991 in the Public Works Department of Tamil Nadu and was redesignated as ‘Geologist’ thereafter. Having served as such from 29.05.1971 to 15.08.1991, the petitioner resigned from service purportedly on domestic reasons in the year 1991 with effect from 16.08.1991. The said resignation was accepted and the petitioner was relieved from service. While so, after a lapse of nearly 27 years, on 15.10.2018, the petitioner approached the second respondent requesting payment of pension, contending that he had rendered more than 20 years of service and the similarly situated persons in the Education Department were granted pension by the Government by relaxing the relevant Rules. The said request of the petitioner was considered by the second respondent and, through the impugned Letter bearing No.13903/F1/2018-3 dated 28.11.2018, the same was rejected by placing reliance on Rule 23 of the Tamil Nadu Pension Rules, 1978, and informing the petitioner that, on his resignation from service, the entire service rendered by him would stand forfeited and, therefore, he was not entitled to any pension. Thereafter, the petitioner appears to have

addressed the then Chief Minister by submitting a representation on 07.01.2019, and the same was, in turn, forwarded to the second respondent herein. The second respondent once again issued another letter dated 23.07.2019, informing the petitioner that his claim had already been rejected through proceedings dated 28.11.2018. Aggrieved by the said proceedings dated 28.11.2018 and 23.07.2019, the petitioner has approached this Court by filing the present writ petition in the month of June 2026, i.e., after a lapse of more than seven years. Absolutely, no explanation has been offered by the petitioner either for making a claim for payment of pension after a lapse of 27 years or for the delay of seven years in approaching this Court by filing the present writ petition against the impugned order dated 28.11.2018. In the absence of any such explanation, much less a reasonable explanation for the abnormal delay of 27 years at the first instance and more than seven years at the second instance, this Court is not inclined to exercise its discretionary jurisdiction under Article 226 of the Constitution of India. Even otherwise, this Court is of the view that there is no error or illegality in the impugned proceedings as the same is strictly in accordance with Rule 23 of the Tamil Nadu Pension Rules, 1978.

2. Insofar as the relief sought for by the petitioner in W.P.No.40608 of 2026 is concerned, the petitioner has sought a writ of mandamus, directing the first respondent to consider the representations dated 06.03.2024 and 29.03.2025 and to fix the pension and other related benefits on par with the

prevailing rates. As the claim of the petitioner was already considered by the second respondent and an order was passed as early as in the year 2018, this Court is not inclined to interfere with the said order, the question of once again directing the first respondent herein to consider the representations submitted by the petitioner does not arise.

3. Accordingly, both the writ petitions are dismissed. No costs. Connected miscellaneous petitions, if any, shall stand closed. 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No skr To

1. The State Of Tamil Nadu Represented By Its Secretary To Government Water Resource Department Secretariat, Fort St George, Chenani 600 009 (Formerly Functioning Under Public Works (F1) Dept Of Secretariat)

2. The Chief Engineer, Water Resources Department, State Ground And Surface Water Resources Data Centre, Taramani, Chennai

3. The Executive Engineer Upper Palar Basin Diviion, Water Resources Department, Vellore (Formerly Functioning As P.W.D Ground Water Division, Vellore 6)

MUMMINENI SUDHEER KUMAR J. skr WP No. 40604 of 2026 AND WP NO. 40608 OF 2026,WMP NO. 45558 OF 2026 26-10-2026