G.Sekar v. The Secretary To Government
WP NO. 28796 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-08-2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN WP NO. 28796 of 2025 AND WMP NO. 32280 OF 2025 1.G.Sekar s/o. gurusamy NO. 2/6 SRIRAM GARDEN, INDIRA NAGAR, MANAPAKAM, CHENNAI 600 125.
2 Santha N W/o. .M Natrajan, Plot No. 1035/38th Cross Street, Thiruvallurvar Nagar, Thiruvanmiyur, Chennai 600 041. 3.Palani K S/o. Kanniapapn Ews 464 Nh1 Periyalwr 4th Cross Street, Marimalainagar Chengalpattu Distirct 630 209. Petitioner(s) Vs 1.The Secretary To Government Housing And Urban Development Department, Fort St George, Chennai 600 009.
2.The Managing Director Tamilnadu Housing Board, TNHB Commercial Complex Pocket 6 1st Main Road, Cit Nagar, Chennai 600 035. Respondent(s)
Prayer: 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 note of 50 percentage service rendered as temporary employee till the petitioners regularizations and disburse by the calculating the same from their retirement date together with arrears by taking note of order passed in W.P no. 11746/2014 dated 03.11.2017 confirmed by the honourable Division Bench in WA no. 1857/2022 dated 16.08.2022 and pass orders accordingly. For Petitioner(s): M/s. C.Prakasam For Respondent(s): Mr.Naveen Kumar Govt.Advocate For R1 Mr.Veerasekaran, S.C., For R2
ORDER
This Writ Petition has been filed with the prayer to direct the respondents to calculate the petitioners' pension by taking note of 50 percentage service rendered as temporary employee till the petitioners regularizations and disburse by the calculating the same from their retirement date together with arrears by taking note of order passed in W.P No. 11746/2014 dated 03.11.2017 confirmed by the Honourable Division Bench in WA No. 1857/2022 dated 16.08.2022 and pass orders accordingly.
2. Heard both sides and perused the materials available on record.
3.The learned counsel for the petitioners would submit that the petitioners have sent representation dated 09.07.2025 requesting the respondents to take into consideration of 50% of their past services rendered as Temporary employees for the purpose of calculating of pension. It has been further submitted that in a similar case, this Court in W.P. No.11746 of 2014 has allowed the proper for consideration of 50% of past service in favour of the employees by order dated 03.11.2017. As against the said order, W.A. No.1857 of 2022 filed by TNHB, but the same was dismissed on 16.08.2022 and further, SLP(C) No.20427 of 2022 filed by TNHB was also dismissed as withdrawn before the Apex Court vide Judgment dated 25.11.2022.
4.At this Juncture, the learned standing counsel for the respondent would submit that they would consider their representation and pass orders on its own merits and in accordance with law.
5.In such view of the submission made by the the learned standing counsel for the respondents, without going into merits of the writ petition, this Court deems it appropriate to direct the respondents to consider the petitioners' representation C.KUMARAPPAN J.
Lbm dated 09.07.2025 according to its own merits and pass orders in accordance with law within a period of six weeks from the date of receipt of copy of this order.
6. With the aforesaid direction, the Writ petition is disposed of. No costs. Consequently connected miscellaneous petition is closed. 01-08-2025 To
1. The Secretary To Government Housing And Urban Developmetn Department, Fort St George, Chennai 600 009.
2. The Managing Director Tamilnadu Housing Board, Tnhb Commercial Complex Pocket 6 1st Main Road, Cit Naga, R Chennai 600 035 WP NO. 28796 of 2025 AND WMP NO. 32280 OF 2025