IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:17.12.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.2917 & 2855 of 2024

1.S.Yasodhadevee

2.M.Hema 3.T.Prabhu

4.P.Nadukkatturaja 5.T.Selvakumaran

6.P.Rajalakshmi

7.S.Lakshmi

8.V.M.Chandirasekaran

9.J.Anandhi ... Petitioners Vs

1.The State of Tamil Nadu, Rep.by the Principal Secretary to Government, Finance Department, Fort St./George, Chennai-600 009.

2.The Additional Chief Secretary to Government, Cooperation, Food and Consumer Protection Department, Fort St.George, Chennai-600 009.

3.The Deputy Secretary to Government, Cooperation, Food and Consumer Protection Department, Fort St.George, Chennai-600 009.

4.The Secretary to Government, Human Resources Management Department, Fort St.George, Chennai-600 009.

5.The Registrar of Cooperative Societies, O/o.The Registrar of Cooperative Societies, No.170, N.V.Natarajan Maaligai, E.V.R.Periyar High Road, Kilpauk, Chennai-600 010.

6.The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, Broad Way, Chennai-600 003. ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order vide Letter No.2983/CE1/2023-I dated 23.05.2023 and Letter No.3782/CE1/2023-1 dated 30.06.2023 passed by the 3^rd respondent and quash the same and consequently directing the 1^st respondent to extend all the benefits under the Tamil Nadu Pension Rules 1978, prior to the Amendment vide G.O.Ms.No.259, Pension (Finance) Department dated 06.08.2003, by bringing the petitioners under Old Pension Scheme and allot General Provident Fund Account Number and transfer their General Provident Fund to the Old Pension Scheme.

For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr. K.Surendran, Additional Government Pleader for RR-1 & 4.

: Mrs.M.Geetha Thamaraiselvan, Special Government Pleader for RR-1, 3 & 5 : Mr.B.Vijay for R-6

O R D E R

The present Writ Petition has been filed challenging the orders passed by the 3^rd respondent herein, in and by which, the petitioner’s request to include him under the old pension scheme was rejected on the ground that the Government servants appointed on or after 01.04.2003 are not eligible to claim the benefits of the Old Pension Scheme, in view of G.O.(Ms).No.259, Finance (Pension)

Department, dated 06.08.2003.

2. The petitioners were selected and appointed as Deputy Registrar of Cooperative Societies in pursuance to the recruitment notification dated 30.12.2000 issued by the 6^th respondent. The petitioner’s joined the service on 09.06.2005 vide G.O(Ms) No.83, Cooperation, Food and Consumer Protection (CD.1) Department Dated 16.05.2005. The petitioners had jointly submitted a representation dated 21.06.2023 to the 1^st respondent requesting to include them under the Old Pension Scheme which was rejected vide impugned order dated 23.05.2023 on the ground that the Government servants appointed on or after 01.04.2003 are not eligible to claim the benefits of the Old Pension Scheme, in view of G.O.(Ms).No.259, Finance (Pension) Department, dated 06.08.2003 introducing Contributory Pension Scheme (in short “CPS”) to the Tamil Nadu State Government Employees with effect from 01.04.2003 by amending Tamil Nadu Pension Rules 1978 and therefore, the petitioners are not eligible to avail the benefit of old pension scheme. Aggrieved by which, the present Writ Petition has been filed.

3. Learned counsel appearing for the petitioners submitted that, though the recruitment notification was issued on 30.12.2000, there was a delay in completing the selection process and issuing appointment orders. He further submitted that, if the selection process was completed within the reasonable time and the appointment orders issued accordingly, the petitioners would have been entitled to the benefits of the old pension scheme under G.O.(Ms).No.259 dated

06.08.2003.

4. It is the further submission of the learn