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Madras High CourtWP/45957/2025disposed of with direction

K.Sanakaravel v. The Secretary To Government

2025-12-02Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-12-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI and WMP No. 51251 OF 2025

1. K.Sanakaravel 2.P. Balakrishnan 3.B. Vasanthanathan 4.C. Pramila 5.S. Varghees Amalraj 6.N. Sundaravadivel 7.K. Gandhi Petitioner(s) Vs

1. The Secretary To Government Housing And Urban Development Department, Fort St George, Chenani 600 009.

2.The Managing Director Tamil Nadu Housing Board CMDA Complex, E And C Market Road, Koyambedu, Chenani 600 107.

Respondent(s) PRAYER; This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to calculate the petitioners pension by taking note of 50 percent service rendered as temporary employee till the petitioners regularization and disburse by calculating the same

from 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 Honble Division Bench in W.A. No 1857 of 2022 dated 16.08.2022.

For Petitioner(s):

Mr.C.Prakasam For Respondent:

Mr.K.Surendran, AGP

ORDER

This petition has been filed seeking a direction to the respondents to calculate the petitioners pension by taking note of 50 percent service rendered as temporary employee till the petitioners regularization and disburse by calculating the same from 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 Honble Division Bench in W.a. No 1857 of 2022 dated 16.08.2022.

2. It is the case of the petitioner that the petitioners were appointed as Nominal muster Roll employees in the Tamil Nadu housing Board during the year 1974-1988 and they were retired from service during the period from 2006 to 2017. In similarly placed employees, who are approached this Court and filed a writ petition in WP. No.11746 of 2014 and this Court was pleased to pass orders on 03.11.2014 in favour of the petitioner by citing GO.Ms.No.408 Finance Department dated 25.08.2009 observed that they are entitled to get pension together with arrears by taking note of 50% of their services rendered

during the temporary employees services and calculate the pension to the said employees together with arrears. The said order was challenged by the Housing Board and the same was dismissed. Therefore, the Board sanctioned the pension by calculating 50% of rendered service as temporary employees and they are benefited now recently. Therefore, the petitioners made a representation on 13.10.2025 requesting the respondent to calculate their pension by taking note of 50% services rendered as temporary employee till their regularization and disburse the same together with arrears and the same is not considered. Hence, the present writ petition.

3. The learned counsel for the petitioner submitted that this Court may direct the respondents to consider and pass orders on the petitioners representation within the stipulated time as fixed by this Court.

4. The learned Additional Government Pleader appearing for the respondents submitted that the representation will be considered and orders will be passed within the stipulated time as fixed by this Court.

5. Heard the learned counsel for both side and perused the materials available on record.

6. Considering the facts and circumstances of the case and in view of the

limited request sought for by the petitioner, this court directs the first respondent to consider and pass orders on the petitioner's representation dated 13.10.2025 in terms of the order passed by this Court in WP. No.11746 of 2014 dated 03.11.2017 within a period of four weeks from the date of receipt of a copy of this order.

7. With the above directions, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 02-12-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Secretary To Government Housing And Urban Development Department, Fort St George, Chenani 600 009 2.The Managing Director Tamil Nadu Housing Board CMDA Complex E And C Market Road, Koyambedu, Chenani 600 107

M.DHANDAPANI J.

rli 02-12-2025