Madras High CourtWP/7936/2026disposed of with direction

D.Jayaprakash v. The Secretary To The Government

2026-02-26Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2026

CORAM:

THE HON'BLE MR. JUSTICE M. DHANDAPANI D.Jayaprakash ... Petitioner Vs 1.The Secretary to the Government, School Education Department, Fort St. George, Chennai 600 009.

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

3.The Commissioner, Corporation of Chennai, Rippon Building, Chennai.

4.The Educational Officer, Corporation of Chennai, Rippon Building, Chennai. 5.The Headmaster, Chennai Boys Higher Secondary School, Saidapet, Chennai 600 015 6.The Accountant General DMS Campus, Teynampet, Chennai 600 018 ...Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for 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 representation of the petitioner, dated 12.01.2026.

For Petitioner : Mr.V.Kasinatha Bharathi For Respondents For R1, 2 & 5 : Ms.Mythreye Chandru, Special Government Pleader For R3 & 4 : Mrs.Ashwini Devi For R6 : Mr.L.Murali Krishnan

ORDER

This writ petition has been filed for issue of writ of mandamus directing the respondents to bring the petitioner under the Old Pension Scheme from the Contributory Pension Scheme in the light of the representation made by the petitioner on 12.01.2026.

2.Heard the submissions made by the learned counsel on either side. 3.The grievance of the petitioner is that by virtue of G.O.Ms.No.259, dated 06.08.2003, the Government of Tamil Nadu cancelled the Old Pension Scheme and brought in Contributory Pension Scheme w.e.f., 01.04.2003. According to the petitioner, the selection process of the petitioner was conducted much prior to the issuance of Government Order and as per the orders passed by this Court, the petitioner is entitled to be brought under the Old Pension Scheme and whereas, his name has been brought within the scope of

the Contributory Pension Scheme.

4.The petitioner made a representation in this regard on 12.01.2026 to the respondents. Since the same did not evoke any response, the present writ petition has been filed before this Court.

5.Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to respondents 1 to 3 to deal with the representation made by the petitioner on 12.01.2026 in line with the relevant Government Order and the earlier orders passed by this Court in W.P.No.8584 of 2021, dated 10.02.2023 and W.P.No.31684 of 2023, dated 16.07.2024 and a final decision shall be taken, within a period of two weeks from the date of receipt of copy of this order. 6.The petitioner is directed to make a fresh representation to respondents 1 to 3 along with all the relevant documents and also a copy of this order. 7.This writ petition is disposed of with the above directions. No Costs. 26.02.2026 Index :Yes/No Speaking/Non-speaking order : Yes/No lok

M. DHANDAPANI, J.

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

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

3.The Commissioner, Corporation of Chennai, Rippon Building, Chennai.