P.Chinniah v. The Secretary to Governmenet

ORDER The petitioner was appointed as a Waterman on 05.11.2007 and subsequently, his services were regularised and he also retired from service on attaining the age of superannuation on 30.04.2020. He was granted all retirement benefits under the Contributory Pension Scheme

¶2The petitioner claims that he had been working as a daily wage employee from the year 1995 and therefore, he submitted a representation dated 05.12.2018 seeking regularization of his service with effect from 1995. However, the said representation has not been considered. Therefore, he has filed a writ petition before this Court in W.P.No. 5411 of 2021 and the same was disposed of by this Court on

08.03.2021 with a direction to the respondents to consider his representation on merits and in accordance with law. Taking advantage of the above order, the Director of Collegiate Education, by proceedings dated 05.07.2021, regularized the petitioner's services with effect from

22.03.1995. Thereafter, the petitioner submitted a representation dated

23.10.2025 seeking revision of his pensionary benefits under the Old Pension Scheme, based on the said proceedings dated 05.07.2021.

¶3The learned Additional Government Pleader appearing for the respondents, by referring to G.O.Ms.No. 365, submitted that the petitioner is entitled to receive the benefits under the revised pension scheme only with effect from the date of his appointment, i.e.,

05.11.2007. The learned Additional Government Pleader further submitted that the petitioner submitted a representation seeking regularization of his service with effect from 22.03.1995 and other consequential reliefs, which was not considered. Therefore, the petitioner filed a writ petition in W.P. No.5411 of 2021 before this Court and this Court, without expressing any opinion on the merits of the claim, disposed of the writ petition by order dated 08.03.2021, with a direction to the respondents to consider the petitioner's representation and pass orders in accordance with law. However, the Director of Collegiate Education, without application of mind, passed an order regularizing the petitioner's service with effect from 22.03.1995. Therefore, departmental proceedings has been initiated against the Director of Collegiate Education under Rule 7(b) of the Tamil Nadu Discipline and Appeal Rules, 1973, on 08.02.2026.

¶4Recording the submission of the learned Additional Government Pleader and in the light of G.O.Ms.No.365 as referred above, this writ petition is dismissed. No costs.

16.02.2026 TTA TO

¶1The Secretary to Government, Higher Education Department, Secretariat, Chennai - 600009.

¶2The Accountant General (A And E) Tamil Nadu, Office of the Principal Accountant General, Teynampet, Chennai - 600 018.

¶3The Director of Collegiate Education, College Road, Nungambakkam, Chennai - 600 006. B.PUGALENDHI,J TTA ORDER IN WP(MD) No.34832 of 2025 Date : 16/02/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16/02/2026 CORAM THE HONOURABLE MR. JUSTICE B.PUGALENDHI P.Chinniah ... Petitioner Vs 1. The Secretary to Government, Higher Education Department, Secretariat, Chennai - 600009. 2. The Accountant General (A And E) Tamil Nadu, Office of the Principal Accountant General, Teynampet, Chennai - 600 018. 3. The Director of Collegiate Education, College Road, Nungambakkam, Chennai - 600 006. ... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the first respondent to consider and pass orders on petitioner's representation dated 23.10.2025 by issuing necessary clarification to the 2nd respondent's communication dated 07.07.2023 consequently, direct the respondents to sanction and disburse the petitioner's pensionary benefits and monthly pension under the Old pension scheme more particularly within a time frame. For Petitioner : Mr.J.Pooventherarajan, For Respondent : Mr.R.Baskaran, Additional Government Pleader