Madras High CourtWP(MD)/21118/2025disposed of

R.Stanislaus v. The State Of Tamilnadu

2025-08-20Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.21118 of 2025 R.Stanislaus : Petitioner Vs.

1. The State of Tamil Nadu, Represented by its Principal Secretary to Government, Secretariat, Fort.St.George, Chennai - 600009.

2. The Director of Collegiate Education, No.577, Anna Salai, Saidapet, Chennai - 600018.

3. The Principal Accountant General (A & E) Tamilnadu, No.361, Anna Salai, Teynampet, Chennai - 600018.

4. The Regional Joint Director Of Collegiate Education, Madurai Region, Madurai - 625002.

5. The Secretary, Saiva Bhanu Kshatriya College, Aruppukottai, Virudhunagar District - 626101.

6. The Assistant Treasury Officer, Sub Treasury Office, Nanguneri, Tirunelveli District - 627108.

: Respondents 1/6

P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 4th respondent to consider the petitioner's revised pension proposal dated 12.05.2023 forwarded by the 4th respondent on the basis of 6th and 7th pay commission entitlement and including the arrears from 01.07.2007 in the light of G.O.Ms.No.234, Finance pay cell Department dated 01.06.2009 G.O.Ms.No.313, Finance Pay cell Department dated 25.10.2017 by considering the petitioner's representation dated 18.07.2025. For Petitioner : Mr.K.Kumaravel For Respondents : Mr.T.Amjad Khan (R1, R2, R4 & R6) Government Advocate Mr.G.Karthick (R3)

ORDER

This writ petition has been filed seeking a direction to the 4th respondent to consider the petitioner's revised pension proposal dated 12.05.2023 forwarded by the 4th respondent, on the basis of 6th and 7th pay commission entitlement and including the arrears from 01.07.2007 in the light of G.O.Ms.No.234, Finance pay cell Department dated 01.06.2009 G.O.Ms.No.313, Finance Pay cell Department dated 2/6

25.10.2017, by considering the petitioner's representation dated 18.07.2025.

2. Considering the nature of the order proposed to be passed in this writ petition, notice to the fifth respondent is dispensed with and this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner, who was appointed as an Assistant Professor, Senior Scale Lecturer in the fifth respondent college, voluntarily retired from service and according to the petitioner, he is entitled to the revised pension. In this regard, the petitioner made a representation to the respondents dated 18.07.2025 seeking the aforesaid relief. Since the said representation was not considered till date, the petitioner has filed the present Writ Petition.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would 3/6

amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the third respondent to consider the petitioner's representation dated 18.07.2025, on its own merits and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 20.08.2025 Index : Yes / No NCC : Yes / No Sm 4/6

To:-

1. The State of Tamil Nadu, Represented by its Principal Secretary to Government, Secretariat, Fort.St.George, Chennai - 600009.

2. The Director of Collegiate Education, No.577, Anna Salai, Saidapet, Chennai - 600018.

3. The Principal Accountant General (A & E) Tamilnadu, No.361, Anna Salai, Teynampet, Chennai - 600018.

4. The Regional Joint Director Of Collegiate Education, Madurai Region, Madurai - 625002.

5. The Assistant Treasury Officer, Sub Treasury Office, Nanguneri, Tirunelveli District - 627108.

5/6

M.DHANDAPANI, J.

Sm W.P.(MD) No.21118 of 2025 20.08.2025 6/6