Madras High CourtWP/175/2026disposed of with direction

A.Mohammed Ilyas v. The Government Of Tamilnadu

2026-01-09Honourable Mr Justice M.Dhandapani11 pages

W.P.No.175 of 2016 M.DHANDAPANI, J.

This matter is listed under the caption 'For Being Mentioned' at the instance of the learned counsel for the petitioner.

2. For better appreciation, the order dated 09.01.2026 is re-produced as under:

"This Writ Petition has been filed seeking for a mandamus, directing directing the Respondents herein to pay interest at the rate of 12% per annum on disbursement of pension and pensionary benefits including Gratuity for a period from 20.04.2016 to 08.02.2024 and to revise the Petitioner's pension and retirement benefits and pay 2/3rd of total retirement benefits to the Petitioner by including the period from 21.01.2006 to 19.01.2009 spent on foreign employment with the permission from the Government and for which contribution is paid, with penal interest, for the purpose of calculating qualifying service, as per Rule 60 of Tamil Nadu Leave Rules and to take pay matrix as on 01.01.2016 as admissible to the post of Assistant Executive Engineer to arrive at last pay drawn and emoluments for calculation of original pension and retirement benefits or in an alternative, to issue a direction to the Respondents to arrive at a emoluments by

taking pay admissible as on 19.01.2009 as per the Revised Pay Scale 2009 and thereafter a grant 2/3rd of retirement benefits out of total benefits and then revise my pension as per the pay matrix as on 01.01.2016 as admissible for the post of Assistant Executive Engineer held by the Petitioner at the time of retirement and grant arrears of pension with interest at 18% per annum.

2. With the consent of the learned counsel appearing on either side, this writ petition is taken up for disposal at the admission stage.

3. Though a larger prayer is sought for in this writ petition, the learned counsel appearing for the petitioner would submit that this Court may issue a direction to the 2nd respondent to consider the petitioner's representation dated 25.10.2025 and pass appropriate orders within a specified time.

4. The learned Government Advocate appearing for the respondents would submit that the 2nd respondent will consider the petitioner's representation dated 25.10.2025 and pass appropriate order on the same within a period of twelve weeks.

5. In view of the same, the 2nd respondent is directed to consider the representation of the petitioner dated 25.10.2025 and pass appropriate orders on the same, in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. This Writ Petition is disposed of with the above terms. No costs."

3. It is pointed out by the learned counsel for the petitioner that the competent authority to consider the representation is the 1st respondent and not the 2nd respondent and, including the representation dated 25.10.2025, another representation dated 29.05.2025 has also to be considered by the respondents. Hence, he would request to make the said correction, particularly, in paragraph 5 of the order dated 09.01.2026.

4. Acceding to the submission made by the learned counsel for the petitioner, paragraph 5 of the order dated 09.01.2026 stands modified as follows:-.

5. In view of the same, the 1st respondent is directed to consider the representations of the petitioner dated 25.10.2025 & 29.05.2025 and pass appropriate orders on the same, in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

M.DHANDAPANI, J.

KKN

5. Registry is directed to carryout the aforesaid correction in the order dated 09.01.2026 and issue fresh order copy to the parties. 30.01.2026 kkn

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2026

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No. 175 of 2026 A.Mohammed Ilyaas ... Petitioner Vs.

1.The Government of Tamil Nadu, Secretary to the Government, Public Works Department, Secretariat, Chennai - 9.

2.The Engineer-in-Chief WRD and Chief Engineer General, Public Works Department, Chepauk, Chennai - 600 005.

3.The Engineer in Chief Building (and Chief Engineer Building) Public Works Department, Chepauk, Chennai - 5.

4.The Executive Engineer, Public Works Department, Building Construction and Maintenance, Udagamandalam, The Nilgiris District.

5.The Superintending Engineer, Public Works Department, Building and Maintenance, Coimbatore - 1.

6.The Chief Engineer (Building), Public Works Department, Coimbatore Region, Coimbatore - 641 001.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the Respondents herein to pay interest at the rate of 12% per annum on disbursement of pension and pensionary benefits including Gratuity for a period from 20.04.2016 to 08.02.2024 and to revise the Petitioner's pension and retirement benefits and pay 2/3rd of total retirement benefits to the Petitioner by including the period from 21.01.2006 to 19.01.2009 spent on foreign employment with the permission from the Government and for which contribution is paid, with penal interest, for the purpose of calculating qualifying service, as per Rule 60 of Tamil Nadu Leave Rules and to take pay matrix as on 01.01.

2016 as admissible to the post of Assistant Executive Engineer to arrive at last pay drawn and emoluments for calculation of original pension and retirement benefits or in an alternative, to issue a direction to the Respondents to arrive at a emoluments by taking pay admissible as on 19.01.2009 as per the Revised Pay Scale 2009 and thereafter a grant 2/3rd of retirement benefits out of total benefits and then revise my pension as per the pay matrix as on 01.01.

the post of Assistant Executive Engineer held by the Petitioner at the time of retirement and grant arrears of pension with interest at 18% per annum. For Petitioner :

Mr.R.Saseetharan For Respondents : Mr.T.M.Rajangam Government Advocate

O R D E R

This Writ Petition has been filed seeking for a mandamus, directing directing the Respondents herein to pay interest at the rate of 12% per annum on disbursement of pension and pensionary benefits including Gratuity for a period from 20.04.2016 to 08.02.2024 and to revise the Petitioner's pension and retirement benefits and pay 2/3rd of total retirement benefits to the Petitioner by including the period from 21.01.2006 to 19.01.2009 spent on foreign employment with the permission from the Government and for which contribution is paid, with penal interest, for the purpose of calculating qualifying service, as per Rule 60 of Tamil Nadu Leave Rules and to take pay matrix as on 01.01.2016 as admissible to the post of Assistant Executive Engineer to arrive at last pay drawn and emoluments for calculation of original pension and retirement benefits or in

an alternative, to issue a direction to the Respondents to arrive at a emoluments by taking pay admissible as on 19.01.2009 as per the Revised Pay Scale 2009 and thereafter a grant 2/3rd of retirement benefits out of total benefits and then revise my pension as per the pay matrix as on 01.01.2016 as admissible for the post of Assistant Executive Engineer held by the Petitioner at the time of retirement and grant arrears of pension with interest at 18% per annum.

2. With the consent of the learned counsel appearing on either side, this writ petition is taken up for disposal at the admission stage.

4. The learned Government Advocate appearing for the respondents would submit that the 2nd respondent will consider the petitioner's

representation dated 25.10.2025 and pass appropriate order on the same within a period of twelve weeks.

6. This Writ Petition is disposed of with the above terms. No costs. 09.01.2026 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No kkn

To 1.The Secretary to Government, Government of Tamil Nadu, Public Works Department, Secretariat, Chennai - 9.