IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.12.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

M.Balasubramanian …. Petitioner

Vs

1.The Special Secretary to Government

Government of Tamil Nadu

Finance Department

Secretariat, Fort St.George

Chennai – 600 009.

2.The Accountant General (A&E)

Tamil Nadu

361, Anna Salai

Chennai – 600 018.

3.The Director

Treasuries and Accounts Department

Chennai – 600 035.

4.The Principal Resident Commissioner

Tamil Nadu House

New Delhi – 21. ….. Respondents

Delhi – 21. ….

Prayer: Writ Petition filed under Article 226 of Constitution of India seeking to issue Writ of Certiorarified Mandamus calling for the records connected with the impugned order passed by the first respondent in Letter

No.17509/Allowances/2021, dated 24.5.2021 and quash the same and consequently direct the first respondent to include 20% of the revised basic pay as Special Pay for the purpose of calculation of pension and other retirement benefits of the petitioner and revise and refix the pension and other retirement benefits of the petitioner and pass orders.

For Petitioner : Mr.R.Rengaramanujam For Respondents : Mr.J.Ravindran Additional Advocate General Assisted by Mr.P.Ananda Kumar Government Advocate for R1, R3 & R4 Mr.S.Balaji for R2 [No appearance]

ORDER

The above writ petition is filed for the following relief :

“ To issue Writ of Certiorarified Mandamus calling for the records connected with the impugned order passed by the first respondent in Letter No.17509/Allowances/2021, dated 24.5.2021 and quash the same and consequently direct the first respondent to include 20% of the revised basic pay as Special Pay for the purpose of calculation of pension and other retirement benefits of the petitioner and revise and refix the pension and other retirement benefits of the petitioner.”

No.17509/Allowances/2021, dated 24.5.2021 and quash the same

2. The petitioner before this Court is a retired Accounts Officer who served in the Office of the Principal Resident Commissioner, Tamil Nadu House, New Delhi. The petitioner was recruited through Tamil Nadu Public Service Commission. He was initially appointed as Junior Assistant in Tamil Nadu Treasuries and Accounts Department, on 14.05.1985 and thereafter was promoted as Accountant, Sub Treasury Officer, Assistant Accountants Officer and finally as Accounts Officer. The petitioner has blemishless record of service.

3. The petitioner would submit that during his tenure as Accounts Officer, he was on deputation to the Tamil Nadu House at New Delhi, by orders of the third respondent dated 08.06.2015. He served in the Tamil Nadu House, New Delhi for a period of one year and had superannuated on 30.06.2016. The petitioner would submit that as per the service conditions, he was entitled to Special Pay, which is 20% of the basic pay. This benefit was extended to the staff serving in the Tamil Nadu House, New Delhi, taking into account the unique and special nature of work and the place of work which is very distant from Tamil Nadu, the cost of living at New Delhi which is very high when compared to Tamil Nadu and also the expenditure that a person has to undergo owing to the extreme climatic condition at New Delhi. The staff of the Tamil Nadu House, New Delhi are required to work round the clock, on shift basis.

4. The petitioner would submit that the employees who served in the Tamil Nadu House till 31.12.2015, were granted 20% of the basic pay as Special Pay. Thereafter, as per the recommendations of the Official Committee on pay revision, the revised pay scale was introduced by the Government vide G.O.Ms.No.303 Finance (Pay Cell) Department, dated 11.10.2017, with notional effect from 01.01.2016 and with monetary benefits from 01.10.2017. Similarly based on the recommendations of the Official Committee, the Special Pay for the eligible employees was also revised in terms of G.O.Ms.No.304 (Finance Cell) dated 13.10.2017. In terms of the said G.O.Ms.No.304, the staff of Tamil Nadu House, New Delhi, was also g