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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN
Commissioner, Madurai Corporation, Madurai – Appellant
Versus
K. Nalayini – Respondent
JUDGMENT :
M. JOTHIRAMAN, J.
Under assail is the order passed in WP.(MD)No.24167 of 2025 dated 26.11.2025.
2. Originally, the first respondent/writ petitioner has filed the above writ petition to quash the order passed by the third appellant herein dated 01.08.2025 and consequently, to direct the appellants to keep the first respondent/writ petitioner under the old pension scheme without disturbing the service of the writ petitioner.
3. It is the case of the first respondent/writ petitioner that based upon the employment seniority registered with Employment Exchange, call letters were issued as early as in the year 1999 and was included in the selection list that had been published on 29.10.1999. The Committee constituted also decided to go ahead with the selection and sent call letters for attending certificate verification to be held on 16.06.2000 in which the petitioners had participated and informed that they were selected, however, no appointment order was issued. Hence, the writ petitioner and others have filed W.P.No. 15897 of 2002 wherein this Hon’ble Court by order dated 08.05.2002 directed the authorities to consider their representation. However, the said order has not been
Administrative delay in issuing appointment orders does not disqualify an employee from pension schemes if they were part of a selection process completed for their batch-mates prior to the relevant ....
An employee cannot be deprived of pensionary benefits under the Old Pension Scheme when the delay in appointment beyond the cut-off date is solely attributable to administrative inaction by the state....
The main legal point established in the judgment is that the right to be governed by a pension scheme is determined by the date of commencement of the recruitment process, and delay in appointment du....
Candidates selected for government service prior to the implementation of a new pension scheme are entitled to the benefits of the old pension scheme if the delay in their appointment is attributable....
The date of approval of appointment cannot be construed as the relevant date for considering the applicability of the pension scheme, and it is the original date of appointment that matters for deter....
Accrued legal rights to pension benefits cannot be denied due to administrative delays in appointment.
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