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Madras High CourtWP/6809/2026disposed of with direction

V.Thayalan, v. The Secretary To The Government,

2026-02-20Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2026

CORAM:

THE HON'BLE MR. JUSTICE M. DHANDAPANI V.Thayalan ... Petitioner Vs 1.The Secretary to the Government, Higher Education Department, Fort St., George, Chennai - 600 009.

2.The Secretary to Government, Finance (Pension) Department, Fort. St. George, Chennai - 600 009.

3.The Secretary to the Government, Department of Health and Family Welfare, Fort St.George, Chennai 600 009.

4.The Director, Directorate of Medical Education and Research, No.162, EVR. Periyar Salai, Kilpauk, Chennai - 600 010.

5.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District - 608 002 6.The Special Officer cum Dean, Government Cuddalore Medical College and Hospital,

(Erstwhile RMMCH, Annamalai University), Annamalai Nagar, Cuddalore District 608 002.

7.The Accountant General, DMS Campus, Tenynampet, Chennai - 600 018.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the respondents to transfer the petitioner name from Contributory Pension Scheme to Old Pension Scheme prevailed prior to implementation of contributory pension scheme, based on the petitioner representation dated 12.01.2026 For petitioner : Mr.V.Kasinatha Bharathi For Respondents For R1 : Mr.M.R.Gokul Krishnan, Additional Government Pleader For R7 : Mr.L.Murali Krishnan For R2,4 to 6 : Mr.K.Tippu Sulthan, Government Advocate

ORDER

This Writ Petition has been filed praying for direction to the respondents to transfer the petitioner name from Contributory Pension Scheme to Old Pension Scheme prevailed prior to implementation of contributory

pension scheme, based on the petitioner representation dated 12.01.2026 2.

The petitioner was appointed as Tutor in Physiotherapy Grade-II in Raja Muthiah Medical College Hospital. Regularization order was issued to the petitioner by the fifth respondent on 02.05.2003. The petitioner was not retained in old pension scheme. This Court, in WP.no.31684 of 2023, issued a direction in respect of a Secondary Grade Teacher for retaining the said person in the old pension. The petitioner is also a similarly placed person. However, no order has been passed by the respondents so far based on the petitioner's representation.

3. The learned counsel appearing for the petitioner submitted that this Court may issue a direction to the respondents to consider the petitioner's representation dated 12.01.2026, within a stipulated period as fixed by this Court.

4. The learned counsel appearing for the respondents submitted that the petitioner's representation will be considered and appropriate order will be passed.

5. Heard the learned counsel appearing on either side and perused the materials placed on record.

6. Considering the above submissions, this Court is of the view that it is suffice to direct the respondents to consider the petitioner's representation dated 12.01.2026, and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

7. With the above direction, the Writ Petition stands disposed of. No costs.

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To 1.The Secretary to the Government, Higher Education Department, Fort St., George, Chennai - 600 009.

2.The Secretary to Government, Finance (Pension) Department, Fort. St. George, Chennai - 600 009.

3.The Secretary to the Government, Department of Health and Family Welfare, Fort St.George, Chennai 600 009.

4.The Director, Directorate of Medical Education and Research, No.162, EVR. Periyar Salai, Kilpauk, Chennai - 600 010.

5.The Registrar, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District - 608 002 6.The Special Officer cum Dean, Government Cuddalore Medical College and Hospital, (Erstwhile RMMCH, Annamalai University), Annamalai Nagar, Cuddalore District 608 002.

7.The Accountant General, DMS Campus, Tenynampet, Chennai - 600 018

M. DHANDAPANI, J.

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