Madras High CourtWP/11254/2006disposed of

M.Periasamy v. The State Of Tamilnadu

2026-06-12Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice N.Senthilkumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR

1. M.Periasamy

2. K.Palaniappan

3. K.Ramachandran

4. M.Ebenezar

5. V.Packiam

6. M.Subramanian

7. V.Saroja ..Petitioners Vs The State of Tamil Nadu, represented by its Secretary, Finance (Pay Cell) Department, Chennai-09.

..Respondent Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Declaration declaring that G.O.Ms.No.174, Finance (Pay Cell) Department dated 21.04.1998 read with G.O.Ms.No.500 Finance (Pay Cell) Department dated 16.09.98, G.O.Ms.No.740, Finance (Pay Cell) Department, dated 29.12.98 and G.O.Ms.No.2000 Finance (Pay Cell) Department dated 18.05.99 issued by the respondent are unconstitutional and void with reference to the petitioners and consequently, direct the respondent to grant the same rate of pension as if granted to the employees who retired before 01.01.96 or after 01.07.96 with all arrears of pension and other benefits w.e.f. 1.1.96 to the petitioners.

For Petitioners :

Mr.M.Alagu Gowtham for Mr.M.Muthappan For Respondent :

Dr.R.Gouri Government Counsel *****

ORDER

(Made by S.M.Subramaniam J.) The relief sought for in the present writ petition is to declare G.O.Ms.No.174, Finance (Pay Cell) Department dated 21.04.1998 read with G.O.Ms.No.500 Finance (Pay Cell) Department dated 16.09.98, G.O.Ms.No.740, Finance (Pay Cell) Department, dated 29.12.98 and G.O.Ms.No.2000 Finance (Pay Cell) Department dated 18.05.99 issued by the respondent are unconstitutional and void in view of the revised pay commissions and on account of revision of pension made to the pensioners based on the subsequent judgments of the High Court as well as Government Orders passed.

2. The issue relating to re-fixation and revision of pension lost its relevance since the dispute arose in respect of the pensioners, who retire before 01.01.1996 and after 01.07.1996, was resolved and the Government also issued various orders. All the petitioners are senior citizens and crossed the age of 75 or 80. Therefore, the relief of declaration as such sought for in the present writ petition deserves no further adjudication on merits. However, if any grievance exists, the petitioners are at liberty to approach the competent

authorities based on the Government Orders, which were issued subsequently.

With this liberty, this writ petition is disposed of. No costs. (S.M.S.,J.) (N.S.,J.) 12-06-2026 Index: Yes Speaking/Non-speaking order gm To The Secretary, Finance (Pay Cell) Department, Chennai-09.

S.M.SUBRAMANIAM, J.

AND N.SENTHILKUMAR, J.

gm 12-06-2026