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2026 Supreme(Online)(Mad) 24304

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
P. Sivakumar – Appellant
Versus
The State of Tamil Nadu – Respondent
W.P.No.7255 of 2026 | W.P.No.7260 of 2026 | W.P.No.7257 of 2026 | W.P.No.7262 of 2026



Advocates:
For the Appellants/Petitioners: Ms. Abisha Issac for M/s.Isaac Chambers
For the Respondents: Ms.Mythreye Chandru, Special Government Pleader for RR-1, 3 & 4, Mr.C.Kathiravan for R-2

Court orders consideration of petitioners' representations under the Tamil Nadu Pension Rules.

Headnote:Statute Analysis: This case involves the Tamil Nadu Pension Rules 1978 as amended on 01.04.2003. Facts: The petitioners, appointed as Block Resource Teachers after the introduction of the Contributory Pension Scheme, seek to be recognized under the Old Pension Scheme despite their late appointment. Findings: The court directs the respondents to consider the petitioners’ representations regarding their pension status.

Issues: The primary query is whether the petitioners can be included under the Old Pension Scheme despite their appointment date.

Ratio Decidendi: The court states '..directs the respondents to consider the petitioners’ representation...' emphasizing the need for consideration within the stipulated timeframe.

Result: The Writ Petitions are disposed of with the aforesaid direction.

Table of Content
1. petitioners seek recognition under the old pension scheme. (Para 1 , 2)
2. counsel seeks direction for consideration of petitions. (Para 4)
3. court orders consideration of representation. (Para 5 , 6)
4. writ petitions disposed of with direction. (Para 7)

COMMON ORDER

These Writ Petitions have been filed seeking a direction to the respondents to treat the petitioners as the employees covered under the Tamil Nadu Pension Rules 1978 prior to its amendment dated 01.04.2003 with all other attendant and consequential benefits.

2. Ms.Mythreye Chandru, learned Special Government Pleader takes notice on behalf of respondents 1, 3 & 4. Mr.C.Kathiravan, learned counsel takes notice on behalf of the 2nd respondent.

3. The petitioners were initially appointed as Block Resource Teachers on

02.12.2003 pursuant to the recruitment notification issued by the 2nd respondent inviting applications for the post of Block Resource Teachers. Subsequently, the Government introduced the Contributory Pension Scheme through G.O. (Ms).No.259, Finance (Pension) Department, dated 06.08.2003 thereby cancelling the Old Pension Scheme. Since, the petitioners were appointed after the issuance of the said G.O, they were not brought under the Old Pension Scheme, they were instead placed under Contributory Pension Scheme. It is the grievance of the petitioners that, had they been appointed prior to the G.O, they would have been covered under the Old Pension Scheme. Aggrieved by which, the petitioners submitted a representation dated 18.02.2024, 11.09.2024 & 15.10.2024 respectively to the respondents seeking to consider them under old pension scheme. However, the said representations did not evoke any response from the respondents and therefore, in order to espouse the said cause, the present Writ Petitions have been filed.

4. Learned counsel appearing for the petitioners submitted that this Court may issue a direction to the respondents to consider the petitioners’ representation on respective dates, within the time that may be stipulated by this Court.

5. On the above contention, this Court, heard the learned counsel appearing for the respondents.

6. In view of the limited relief sought for in these Writ Petitions, this Court without expressing any opinion on the merits of the case directs the respondents to consider the petitioners’ representation dated 18.02.2024, 11.09.2024 & 15.10.2024 and pass appropriate orders on the same on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

7. The Writ Petitions are disposed of with the aforesaid direction. There shall be no order as to costs.

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