An employee cannot be deprived of pensionary benefits under the Old Pension Scheme when the delay in appointment beyond the cut-off date is solely attributable to administrative inaction by the state authorities, provided the employee was selected as part of a batch whose members were appointed prior to said date.

PRAYER:- Writ Appeal filed under Clause 15 of the Letter Patent against the order passed in WP.(MD)No.24485 of 2025 dated 26.11.2025.

For Appellants : Mr.S.Vinayak

For R1 : Mr.M.Mohammed Imran

for M/s.Ajmal Associates

For R2 & R3 : Mr.S.Venkatesh

Counsel for State

For R4 : Mr.P.Gunasekaran

JUDGMENT

(Judgment of the Court was made by M.JOTHIRAMAN, J.)

Under assail is the order passed in WP.(MD)No.24485 of 2025 dated 26.11.2025.

2. Originally, the first respondent/writ petitioner has filed the above writ petition to quash the order passed by the fourth respondent herein dated 13.08.2025 and consequently, to direct the appellants to keep the first respondent/writ petitioner under the old pension scheme without disturbing the service of the writ petitioner.

3. It is the case of the first respondent/writ petitioner that based upon the employment seniority registered with Employment Exchange, call letters were issued as early as in the year 1999 and she was included in the selection list that had been published on 29.10.1999. The Committee constituted also decided to go ahead with the selection and sent call letters for attending certificate verification to be held on 16.06.2000 in which the writ petitioner had participated and informed that she was selected, however, no appointment order was issued. Hence, the writ petitioner and others filed W.P.No.15897 of 2002, wherein, this Court by order dated 08.05.2002 directed the authorities to consider their representation. However, the said order was not complied with and therefore, they filed a contempt petition in Cont.P.No.731 of 2002 wherein, the Court recording the statement made by the learned Government Pleader that the Education Department had permitted to fill up 9 vacancies and the petitioners' names were included in the selection list, closed the Contempt Petition. Thereafter, a Review Application also came to be filed by the first appellant herein indicating that nine vacancies were directed to be filled up only based on the seniority and that only 6 could be appointed. The said Review Application was also rejected by this Court vide order dated 06.08.2003 and further directed to issue appointment orders to all the nine writ petitioners, without any further delay. Out of nine writ petitioners, only 4 were given appointment and the writ petitioner was served with the order of appointment only on 31.10.2003. Though the writ petitioner was appointed belatedly, such delay was only attributed to the authorities. The writ petitioner has been placed under the old pension scheme and all the deductions were made under the old pension scheme and she was also assigned with PF Number up to 2019. Thereafter, she was also assigned with GPF Account No.EDN/171488. However, the impugned order has been passed stating that she is not entitled for pensionary benefits and she comes under CPS scheme only. She challenged the same by way of writ petition. The learned Writ Court allowed the writ petition on the ground that even after a categorical direction to appoint the nine writ petitioners, in which, the first respondent/writ petitioner was also one of the writ petitioners, only four of them have been appointed much before the cut-off date, ie., 01.04.2003 and the writ petitioner was appointed after the cut-off date and therefore, the writ petitioner would have a right to continue under the old pension scheme only. Aggrieved over the same, the official respondents therein have filed the present writ appeal.

4. The learned counsel appearing for the appellants would submit that the first respondent was appointed only on 03.11.2003, after the cut-off date namely, 01.04.2003, as per G.O.(Ms)No.259, Finance (Pension) dated 06.08.2003 which contemplates that all the Government and Local Body employees appointed on or after 01.04.2003 squarely falls under CPS and Tamil Nadu Pension Rul