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2026 Supreme(Online)(Mad) 2516

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
CHINNAMUTHU – Appellant
Versus
THE GOVERNMENT OF TAMILNADU – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-01-2026 CORAM THE HONOURABLE MR JUSTICE M.DHANDAPANI and WMP No. 56618 of 2025 Chinnamuthu Petitioner(s)

Vs

1. The Government of Tamilnadu Rep. by the Secretary to the Government, Finance (Pay Cell)

Department, Fort St. George, Chennai-600 009

2.The District Collector Namakkal District

3.The Commissioner Panchayat union, Rasipuram, Namakkal District Respondent(s)

PRAYER Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the respondents in connection with the impugned order issued by the 1st respondent in GO Ms.No. 314 Finance (Pay Cell ) Department dated 25.10.2017 and quash the same and direct the respondents to revise the pension and family pension of the petitioner by adopting the same methodology as adopted for the employees on time scales of pay prescribed in GO Ms.No. 313 Finance (Pay cell) Department dated 25.10.2017 and give notional effect from 1.1.2016 or date of entitlement to pension/ family pension whichever is later with monetary benefit from

1.10.2017.

For Petitioner(s): Mr.R.Rajendran for M/s.Dhineshkumar Associates For Respondents: Mr.R.U.Dhineshkumar Associates, Additional Government Pleader

ORDER

Mr.R.U.Dinesh Rajkumar, learned Additional Government Pleader takes notice on behalf of the respondents.

2.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3.This writ petition has been filed, challenging the impugned order of the

1st respondent in G.O.Ms.No.314, Finance Pay (Cell) Department dated 25.10.2017 and seeking a direction to the respondents to revise the pension and family pension of the petitioner by adopting the same methodology as adopted for the employees on time scales of pay prescribed in G.O.Ms.No.313 Finance (Pay Cell) Department, dated 25.10.2017 and give notional effect from 1.1.2016 or date of entitlement to pension/family pension whichever is later with monetary benefit from 1.10.2017.

4.The case of the petitioner is that he was appointed as Noon Meal Organiser in the year1983 and retired from service on 30.04.2021. On 11.10.2017, the Government issued G.O.Ms.No.303 granting certain benefits to all Government servants and employees of local bodies. However, subsequently, the latter Government issued G.O.Ms.No.314 dated 25.10.2017, excluding the Noon Meal Organisers from the said benefits. Thereafter, the Government issued a pay revision extending the benefit to all employees, including those of local bodies. Accordingly, the petitioner was also granted pay revision on par with other employees. Therefore, the denial of parity in benefits is highly unsustainable in law. Challenging the impugned order of the 1st respondent, this writ petition has been filed.

5.The learned counsel for the petitioner would submit that a similar prayer was sought by similarly placed petitioners in W.P No.16606 of 2018 and batch cases, and this Court, by its order dated 04.04.2025 set aside G.O.Ms.No.313, Finance (Pay Cell) Department, dated 25.10.2017, and issued a direction to the respondents to revise the pension and family pension of the petitioners by adopting the same methodology as adopted for the employees on time-scale of pay prescribed in G.O.Ms No.313, Finance (Pay Cell) Department, dated 25.10.2017 and to give notional effect from 01.01.2016. Therefore, the learned counsel prays that the same benefit may be extended to the petitioner herein.

6. The learned Additional Government Pleader appearing for the respondents did not dispute the factual submissions made by the learned counsel for the petitioner. However, it was submitted that an appeal has ben preferred, against the said order and that the petition for condonation of delay has been allowed.

7. In view of the limited prayer made by the petitioner, this writ petition is allowed in terms of order passed by this Court in W.P No.16606 of 2018 and batch cases. No costs. Conse

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