R.Shanmugahavelan v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2026

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI R.Shanmughavelan ... 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 Registrar, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District-608 002.

4.The Accountant General, DMS Campus, Teynampet, Chennai-600 018.

....Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct 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 01.04.2025. For Petitioner : Mr.V.Kasinatha Bharathi For Respondents : Mr.M.R.Gokul Krishnan Additional Government Pleader for R1 and R2 Mr.S.Venkatesh for M/s.Ajmal Associates for R3 Mr.P.Mano Rajan for R4

O R D E R

This Writ Petition has been filed to direct the respondents to transfer the petitioner's 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 01.04.2025.

2. The petitioner was appointed as a Junior Assistant in the third respondent University as per the appointment order issued by the third respondent dated 08.07.2002, and the petitioner had joined duty on 09.07.2002 itself. However, the confirmation order was issued to the petitioner only on 14.11.2006, though the petitioner was appointed in the

year 2002. If the petitioner's service is regularized from the date of his initial appointment, he will get old pension scheme. The pension scheme was modified only from 01.04.2003 and because of his belated regularization, he was not given old pension scheme. For claiming the old pension scheme by giving retrospective effect, the petitioner made a representation on 01.04.2025 and the same was not considered. Hence, the Writ Petition has been filed.

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 01.04.2025, 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 representations dated 01.04.2025, 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 directions, the Writ Petition stands disposed of. No costs.

23.01.2026 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

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 Registrar, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District-608 002.

4.The Accountant General, DMS Campus, Teynampet, Chennai-600 018.

M.DHANDAPANI, J.

ssb 23.01.2026