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Madras High CourtWP/4454/2024dismissed

P.Venkatesan v. The Principal Secretary To Government

2025-12-05Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI P.Venkatesan ... Petitioner Vs.

1.The Principal Secretary to Government, Municipal Administration and Water Supply Department, The Secretariat, Fort St.George, Chennai-600 009.

2.The Commissioner of Municipal Administration and Water Supply, Rep.by its Director, No.3, MRC Nagar, R.A.Puram, Chennai-600 028.

3.The Commissioner, Mettupalayam Municipality, No.104, Housing Unit, Mettupalayam, Coimbatore-641 301.

... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the third respondent to regularize the petitioner notionally from the year 2001 and issue monetary benefits for the period 2001 to 2005 and consequently enrol the petitioner under the old pension scheme by considering the representation dated 29.11.2023.

For Petitioner :

Mr.S.Varsha For Respondents :

Mr.C.Selvaraj Additional Government Pleader for R1 and R2 Mr.B.Anand for R3

O R D E R

This Writ Petition has been filed for a Mandamus directing the third respondent to regularize the petitioner notionally from the year 2001 and issue monetary benefits for the period 2001 to 2005 and consequently enroll the petitioner under the old pension scheme by considering the representation dated 29.11.2023.

2. When the matter was taken up for consideration, the learned counsel appearing for the petitioner fairly submitted that similar issue is pending consideration before the Hon'ble Supreme Court of India and the

Hon'ble Supreme Court of India has granted an order of stay vide order dated 14.08.2017 in S.L.A.No.19874 of 2017 on the order passed in W.P.(MD).No.1083 of 2012 dated 30.05.2017.

3. Since the similar issue is pending consideration before the Hon'ble Supreme Court of India and the order passed by this Court in the similar matter has already been stayed, this Court is not inclined to decide this writ petition on merits.

4. In view of the above, this Writ Petition stands dismissed with liberty to the petitioner to approach this Court, after the Hon'ble Supreme Court of India passes a final order in the above Special Leave Appeal. There shall be no order as to costs.

05.12.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To 1.The Principal Secretary to Government, Municipal Administration and Water Supply Department, The Secretariat, Fort St.George, Chennai-600 009.

2.The Commissioner of Municipal Administration and Water Supply, Rep.by its Director, No.3, MRC Nagar, R.A.Puram, Chennai-600 028.

3.The Commissioner, Mettupalayam Municipality, No.104, Housing Unit, Mettupalayam, Coimbatore-641 301.

M.DHANDAPANI, J.

ssb 05.12.2025