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Madras High CourtWP/18443/2026disposed of

L.Mani v. The Director General

2026-06-03Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-06-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA W.P. No. 18443 of 2026 L.Mani S/o.Lakshmanaudayar Melsiruvallur Village Kettavarapalayam (Post) Aadhamangalam Via Kalasapakkam Taluk Tiruvannamalai District.

..Petitioner(s) Vs

1. The Director General Highways Department Guindy Chennai 600025.

2. The Divisional Engineer (h) (c And M) Highways Construction and Maintenance Tiruvannamalai District 606601.

3. Assistant Divisional Engineer (h) (c And M) Highways Construction and Maintenance Polur, Tiruvannamalai District 606751.

4. The Accountant General (a And E) No.361 Anna Salai, Chennai 600018.

..Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondents to grant pension and monetary benefits as per the proposal sent in the Se.Mu.Ka.No. 10/2021/u dated 05.01.2021 to the 4th respondent along with calculation of petitioners pension and other monetary benefits for a total amount of Rs.19,710/- under Rule 82 of the Tamil Nadu Pension Rule, 1978 by virtue of representation dated 04.09.2023.

For Petitioner(s):

Mr. S.Kumara Devan For Respondent(s):

Mr. K. Sathish Government Advocate for R1 to R3 Mr.P.Manorajan, Standing Counsel for R4

ORDER

The present Writ Petition has been filed seeking the issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to grant pension and monetary benefits as per the proposal sent in the Se.Mu.Ka.No. 10/2021/u dated 05.01.2021 to the 4th respondent along with calculation of petitioners pension and other monetary benefits for a total amount of Rs.19,710/- under Rule 82 of the Tamil Nadu Pension Rule, 1978 by virtue of representation dated 04.09.2023.

2. The case of the petitioner is that he was appointed as a Grade-II Road Inspector in the Highways Department on 12.12.1971 under the work-charged

establishment. In terms of G.O. No. 51 dated 14.07.1977, he became eligible for regularisation upon completion of five years of continuous service and ought to have been regularised with effect from 01.01.1977. Consequent to such regularisation, he became entitled to promotion as Grade-I Road Inspector under G.O.Ms. No. 856 dated 01.06.1977 and was subsequently promoted as Grade-I Road Inspector in 1987, Selection Grade Road Inspector in 1997, and Special Grade Road Inspector on 01.01.2007.

3. While in service, a criminal case was registered against the petitioner and he was placed under suspension on 13.04.2008. Though he was reinstated on 29.10.2008, he was not permitted to retire on attaining the age of superannuation on 31.08.2009 due to the pendency of the criminal proceedings. The petitioner was subsequently acquitted on 28.09.2018 and thereafter submitted representations seeking retirement and release of pensionary benefits. However, his claim was rejected by the respondents on the ground that he was not eligible for promotion as Grade-I Road Inspector. Aggrieved by the rejection order dated 01.02.2023, the petitioner approached this Court. Though an earlier writ petition was withdrawn with liberty to submit a fresh representation under Rule 82 of the Tamil Nadu Pension Rules, 1978, the fresh representation dated 04.09.2023 has not been considered till date. Hence, the petitioner seeks appropriate directions for consideration of his representation

and for grant of all consequential pensionary and monetary benefits. However, the same has not been considered till date. Challenging this inaction on the part of the first respondent, the present Writ Petition has been filed.

4. Heard the learned counsel appearing for the petitioner and the learned counsel appearing on behalf of the respondents.

5. Considering the facts and circumstances of the case and the submissions made by the learned counsel appearing for both sides, this Court directs the 1st respondent/ Director General of Highways Departments to consider the representation of the petitioner dated 04.09.2023 and pass appropriate orders, on merits and in accordance with law, within a period of six

(6) weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

03-06-2026 Asi

To

1. The Director General Highways Department Guindy Chennai 600025.

2. The Divisional Engineer (H) (C And M) Highways Construction and Maintenance Tiruvannamalai District 606601.

3. Assistant Divisional Engineer (H) (C And M) Highways Construction and Maintenance Polur, Tiruvannamalai District 606751.

4. The Accountant General (A And E) No.361 Anna Salai, Chennai 600018.

P.T.ASHA, J.

Asi 03-06-2026