S.Kannan v. The State Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-01-2026

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI S.Kannan Petitioner(s) Vs

1. The State Government of Tamil Nadu Rep. by the Principal Secretary, Highways Department, Fort St. George, Chennai 600009.

2.The Director General 76, Sardar Patel Road, Guindy, Chennai 600025.

3.The Managing Director / The Chief Engineer Tamil Nadu Construction Corporation Ltd., 76 Sardar Patel Road Guindy, Chennai 600025.

Respondent(s) PRAYER; This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioners representation dated 21.08.2025 and thereby direct the respondents to compensate for all monetary benefits lost due to the non payment of the employers EPF/EPS Contribution from 1997 onwards and to be brought the petitioner under the Old Pension Scheme.

For Petitioner(s):

Mr.K.Venugopal For Respondent:

Mr.P.Balathandayutham, SGP

ORDER

This petition has been filed seeking a direction to the respondents to consider the petitioners representation dated 21.08.2025 and thereby direct the respondents to compensate for all monetary benefits lost due to the non payment of the employers EPF/EPS Contribution from 1997 onwards and to be brought the petitioner under the Old Pension Scheme.

2. It is the case of the petitioner that he was appointed as Site Engineer Grade I Trainee on 01.04.1991 through the Professional and Executive Employment office, Madurai and was brought into regular scale of pay with effect from 01.07.1992. The petitioner completed his probation and continued to work as Assistant Engineer. The petitioner worked from 01.04.1991 to 23.07.1997 and thereafter was sent to the Rural Works Department as Block Engineer. Subsequently, the petitioner was permanently absorbed in the Highways Department as Assistant Engineer with effect from 01.04.2008. Despite rendering long years of service prior to permanent absorption, the petitioner was placed under the Contributory Pension Scheme. Due to this, the petitioner has suffered monetary loss in his retired life.

Hence, the petitioner submitted a representation dated 21.08.2025 to the respondents requesting to compensate the monetary benefits lost and to bring him under the Old Pension Scheme. Though the representation was received, no action has been taken so far. Hence, the petitioner filed the present writ petition.

3. The learned counsel for the petitioner submitted that this Court may direct the respondents to consider and pass orders on the petitioners representation within the stipulated time as fixed by this Court.

4. The learned Special Government Pleader appearing for the respondent submitted that the representation will be considered and orders will be passed within the stipulated time as fixed by this Court.

5. Heard the learned counsel for both side and perused the materials available on record.

6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this court directs the 3rd respondent to consider and pass orders on the petitioner's representation dated 21.08.2025 within a period of six weeks from the date of receipt of a copy of this order.

7. With the above directions, the writ petition is disposed of. No costs. 28-01-2026 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes

M.DHANDAPANI J.

rli To 1.The State Government of Tamil Nadu Rep. by the Principal Secretary Highways Department Fort St. George Chennai 600009.

2.The Director General 76 Sardar Patel Road, Guindy, Chennai 600025.

3.The Managing Director / The Chief Engineer Tamil Nadu Construction Corporation Ltd., 76 Sardar Patel Road Guindy, Chennai 600025.

28.01.2026