N.Mathiazhagan v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.06.2025
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN
1. N.Mathiazhagan
2. M.Selvan
3. N.Shanmugam
4. M.Asokan
5. S.Ravi Lakshmi Narasimman
6. R.Vellaisamy
7. P.Dhanavalli
8. S.Kannaki
9. R.Shantha
10. V.Chandrasekaran
11. K.Kannidoss ... Petitioners Vs.
1. The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.
2. The Managing Director, Tamil Nadu Housing Board, CMDA Complex, E & C Market Road, Koyambedu, Chennai - 600 107.
... Respondents 1/6
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to calculate the petitioners pension by taking not of 50% services rendered as temporary employee till the petitioners regularization and disburse by calculating the same from their retirement date together with arrears by taking note of order passed in W.P.No.11746 of 2014 dated 03.11.2017 confirmed by the Hon'ble Division Bench in W.A.No.1857 of 2022, dated 16.08.2022. For Petitioners : Mr.C.Prakasam For Respondents : Mr.N.Naveen Kumar, Government Advocate (for R1) Mr.V.Logesh, Standing Counsel for TNHB (for R2) *****
O R D E R
The instant writ petition has been filed with a prayer for issuing a Mandamus, to direct the respondents to calculate the petitioners pension by taking not of 50% services rendered as temporary employee till the petitioners regularization and disburse by calculating the same from their retirement date together with arrears by taking note of order passed in W.P.No.11746 of 2014 dated 03.11.2017 confirmed by the Hon'ble Division Bench in W.A.No.1857 of 2022, dated 16.08.2022. 2/6
2. The learned counsel for the petitioners would submit that they were appointed as Nominal Muster Roll Employees in the Tamil Nadu Housing Board during the year 1974-1988 and rendered service. It is the further submission that during the year 1980-1988, the petitioners' services have been regularized by way of fixing a time scale as per the G.O.Ms.No.400, Housing and Urban Development Department dated 02.05.1990. The grievance raised by the petitioners is that their past services rendered as temporary employees were not taken into consideration for their pension benefits. It is the submission of the learned counsel for the petitioners that in this connection, they have sent a representation on 26.03.2025. He would further submit that despite such representation, the respondents are not passing any order regarding their pension.
3. The learned Standing Counsel for the respondents would fairly admit the receipt of the representation.
4. Heard the learned counsel for both sides and perused the materials available on record.
3/6
5. Though there is disputed facts between the parties, taking into consideration of the fact that the representation made by the petitioners is yet to be considered, this Court without going into merits of the matter, deems it appropriate to direct the respondents to consider the representation dated 26.03.2025 on it's own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
6. In the result, this Writ Petition is disposed of with the above directions. No costs.
02.06.2025 2/2 kv Index : Yes/No Speaking order /Non Speaking Order 4/6
To
1. The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai - 600 009.
2. The Managing Director, Tamil Nadu Housing Board, CMDA Complex, E & C Market Road, Koyambedu, Chennai - 600 107.
5/6
C.KUMARAPPAN, J.
kv 02.06.2025 2/2 6/6