R.Somasundaram v. The State of Tamilnadu

ORDER (Order of the Court was made by S.M.Subramaniam J.) The present clarification petition has been instituted seeking a direction to the Secretary to Government, Finance Department, Director of Treasuries and Accounts, Chennai-600009 and Treasury Officer, Cuddalore to revise the reduced pension with effect from 01.01.1996 as per G.O.No.174 Finance dated 21.04.1998 to the pensioners covered by the G.O.No.363, Finance dated 23.08.2013 with further revision of pension by Government and to make payment of arrears within a date fixed by this Court, since all the pensioners covered by the G.O.No.363, dated 23.08.2013 are more than 80 years old.

¶2This Court considered the issues on merits and passed the following orders: "The grievances of the Writ petitioners are that the said Government order has not been implemented properly. The learned counsel appearing for the appellants would vehemently contend that the benefits extended under G.O. Ms. No.363 Finance (PGC) department dated 23.08.2013 is not proper and the authorities have not extended the benefits as directed by the Hon'ble Supreme Court of India. The calculations made by the Pay and Accounts Office and the respective Treasuries are not in accordance with the Government order passed to implement the order of the Hon'ble Supreme Court Page4 of 6 of India. We cannot re-adjudicate the issues already decided by the Hon'ble Supreme Court of India.. The issues are related to the retired employees, who retired from service in between 01.06.1988 and

31.12.1995. The Government Order in G.O. Ms. No.363 was issued in the year 2013 and thereafter, the revision of the pension was made pursuant to further pay Commissions also.

¶4In view of the facts and circumstances, the order passed implementing the judgment of the Hon'ble Supreme Court of India cannot be interfered with by this Court and more so, the Hon'ble Supreme Court's order has been implemented by the Government and if at all any error committed by the Treasury officers or Pay and Accounts Office in calculating the benefits, it is for the aggrieved individual pensioners to approach the Treasury officer or Pay & Accounts Officer concerned for necessary clarifications or to verify the correctness of the fixation made with reference to the Government Order issued in G.O. Ms. No.363 Finance (PGC) department dated

23.08.2013. Therefore, the relief as such sought for in the Writ petitions and Writ appeals cannot be granted by this Court and consequently all the Writ appeals are disposed of. It is needless to state that the fixation of pension or revision of pension made in accordance with the pay rules and Government orders in force, need not be reduced." Page5 of 6

¶3This Court passed an order to fix the pay admissible to the employees as well as consequential pension. Thus, no further clarification is required. If any pensioner/family pensioner is aggrieved, they may approach the competent authority.

¶4With the above clarification, the civil miscellaneous petition is dismissed. (S.M.S.,J.) (C.K.,J.) 15-07-2026 Index: Yes/No Speaking/Non-speaking order GD To

¶1The State of Tamilnadu Rep. by its Principal Secretary to Government, Finance (PGC) Department, Fort St. George, Chennai-9

¶2The Commissioner of Treasuries and Accounts, Nanthanam Near Veterinary Hospital, Nanthanam, Chennai

¶3The Treasury Officer, Cuddalore, Cuddalore District. CMPoNo.o4254oofo2025 S.M.SUBRAMANIAM,eJ. AND C.KUMARAPPAN,eJ. GD CMPeNo.e4254eofe2025 15-07-2026 Page6oofo6

CMPoNo.o4254oofo2025 INeTHEeHIGHeCOURTeOieJUDICATUREeATeMADRAS DATED:e15-07-2026 CORAM THEeHON'BLEeMReJUSTICEeS.eM.eSUBRAMANIAM AND THEeHON'BLEeeMR.JUSTICEeC.KUMARAPPAN CMPeNo.e4254eofe2025 in WA.No.1518eofe2021 1. R.Somasundaram 2. A.S.Kaliyamoorthy, 3. S.David 4. O.R.Kaliyamoorthy 5. S.Mariyaprakasam 6. P.Janakiraman 7. M.Balasubramaniyan 8. L.Parthasarathy 9. R.T.Rajan 10.A.L.MohamedeNazeer 11.A.Ponnurangan 12.R.S.Sundaram 13.R.Manickam 14.N.Chakrapani 15.S.Gajalakshmi 16.R.Lourduswamy 17.R.Venugopal Page1oofo6 Page2 of 6 18.U.B.Lional 19.N.Gnanavel 20.M.Dhanaraj 21.R.Ramalingam 22.C.Devarajan ..Appellant(s) Vs 1. The State of Tamilnadu Rep. by its Principal Secretary to Government, Finance (PGC) Department, Fort St. George, Chennai-9 2. The Commissioner of Treasuries and Accounts, Nanthanam Near Veterinary Hospital, Nanthanam, Chennai 3. The Treasury Officer, Cuddalore, Cuddalore District. ..Respondent(s) To pass an order of clarification to the Judgment dated 14.06.2024 directing the Secretary to Government, Finance Department, Director of Treasuries and Accounts, Chennai-600009 and Treasury Officer, Cuddalore to revise the reduced pension with effect from 01.01.1996 as per G.O.No.174 Finance dated 21.04.1998 to the pensioners covered by the G.O.No.363, Finance dated 23.08.2013 with further revision of pension by Government and to make payment of arrears within a date fixed by this Court, since all the pensioners covered by the G.O.No.363, dated 23.08.2013 are more than 80 years old. For Appellant(s): Mr.A.R.Nixon For Respondent(s): Dr.R.Gouri Government Counsel Page3 of 6