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2026 Supreme(Online)(Mad) 33581

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. ASHA, J
M.Rajendran – Appellant
Versus
The State of Tamilnadu Rep. by its Secretary to Government, Health and Family Welfare Department – Respondent
WP No. 12386 of 2026



Advocates:
For the Appellants/Petitioners: Mrs.Nalini Chidambaram, Senior counsel assisted by C.Uma A.Govindaraj Kanchi Kailasam
For the Respondents: Mr.M.Bindran, AGP for RR1, 2, 4 & 5 Mr.P.Mano Rajan, Standing counsel for R3

Pension must be refixed by merging 5% Personal Pay with revised scale of pay as on 01.09.1998, following quashing of recovery.

Headnote:Under Article 226 of the Constitution of India, the petitioner sought revision of pension computation by merging 5% Personal Pay with the revised scale of pay as on 01.09.1998, based on last drawn salary of Rs.90,600/-. Court noted prior orders quashing recovery proceedings dated 11.04.2025 and directing refund. Court directed refixation of pension at Rs.45,300/- instead of Rs.44,000/-. Issues covered by prior judgments in WP.Nos.1890 & 1894/2026 and others, holding pension computation must include merged Personal Pay. Ratio: Pension refixation follows quashing of recovery and prior judicial directives on pay merger. Writ petition disposed directing 3rd respondent to refix pension at Rs.45,300/- without deductions.

Table of Content
1. petition seeks pension revision with merged personal pay. (Para 1 , 2)
2. issue covered by prior court orders quashing recovery. (Para 3)
3. directs refixation of pension at rs.45,300/- post-review. (Para 4 , 5)

Order

(1) The petitioner has filed the present writ petition seeking for a mandamus, directing the 3rd respondent herein to revise its proceedings dated 12.06.2025 and to pay the pension to the petitioner at the rate of Rs.45,300/- instead of Rs.44,000/- based on his last drawn salary of Rs.90,600/- without any deduction, to the petitioner by computing the pay of the petitioner by merging 5% Personal Pay with the revised scale of pay as on 01.09.1988.

(2) Mr.M.Bindran, learned Additional Government Pleader accepts notice on behalf of the respondents 1, 2, 4 and 5. Mr.P.Mano Rajan, learned Standing counsel accepts notice on behalf of the 3rd respondent. With the consent of the learned counsels on either side, the writ petition is taken up for final disposal.

(3) Mrs.Nalini Chidambaram, learned Senior counsel for the petitioner submitted that issue in the present writ petition is squarely covered by the orders of this Court dated 27.01.2026 made in WP.Nos.1890 & 1894/2026 and WP.Nos.47695, 47697, 26183 and 26188/2025 and that, this Court, vide order dated 02.04.2026, had quashed the order of recovery passed by the 5th respondent dated 11.04.2025 and hence, prayed for revision of pay and other eligible allowances to the petitioner every month.

(4) Heard the learned counsels on either side and perused the materials placed on record.

(5) Since this Court had set aside the impugned proceedings of the 5th respondent dated 11.04.2025, recovering Rs.3,99,552/- from the petitioner, and further directed the refund of the aforesaid amount to the petitioner, the present writ petition is disposed of with a direction to the 3rd respondent to refix the pension of the petitioner at Rs.45,300/- instead of Rs.44,000/-, by computing the pay of the petitioner on the date of retirement by merging the 5 percentage PP with the revised scale of pay as on 01.09.1998. No costs.

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