The Madras High Court dismissed a writ appeal filed by a petitioner seeking placement under the Old Pension Scheme. The Court held that as the petitioner was appointed after the cut-off date of 01.04.2003, the Old Pension Scheme was not applicable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.A.(MD).No.1516 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A.(MD).No.1516 of 2024
N.Ragunathan
... Appellant
-vs-
... Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, against the order passed by this Court in W.P.(MD)No.2315 of 2024, dated 03.06.2024.
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W.A.(MD).No.1516 of 2024
For Appellants : Mr.N.Mohan For Respondents 1, 2 & 4 : Mr.S.P.Maharajan Special Government Pleader For 3rd Respondent : Mr.P.Gunasekaran
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
Mr.S.P.Maharajan, learned Special Government Pleader takes notice
for the respondents 1, 2 and 4. Mr.P.Gunasekaran, learned counsel takes notice for the 3rd respondent.
2.Aggrieved by the rejection of his claim for being placed under the Old Pension Scheme, the appellant is on appeal.
3.As per G.O.Ms.No.259, dated 06.08.2023, New Pension Scheme was implemented from 31.03.2003, that is, to say cut off date for applicability of Old Pension Scheme was 31.03.2003. The petitioner was selected pursuant to a Notification published on 13.09.2003 and was appointed on 25.06.2004 on a consolidated pay. His services were regularized with effect from 28.08.2006. The New Pension Scheme came into force from 01.04.2003. The petitioner having being appointed after 01.04.2003, cannot seek application of Old Pension Scheme.
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W.A.(MD).No.1516 of 2024
4.Hence, we do not find any merit in the Writ Appeal. The Writ Appeal is therefore, fails and it is accordingly, dismissed. The fact that the Social Welfare Department invited willingness from the petitioner will not be a ground for placing him under the Old Pension Scheme, since the Old Pension Scheme was abolished with effect from 01.04.2003. No Costs.
[R.S.M., J.] [L.V.G., J.] 04.09.2024
NCC :Yes/No Index :Yes/No Internet: Yes Mrn To 1.The Secretary, The Government of Tamil Nadu, Finance (Pension) Department, Fort St. George, Chennai – 600 009.
To
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W.A.(MD).No.1516 of 2024
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
Mrn
W.A.(MD).No.1516 of 2024
04.09.2024
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1 issue framed by the court
Whether a petitioner appointed after 01.04.2003 can claim placement under the Old Pension Scheme.
N.Ragunathan
The Secretary, The Government of Tamil Nadu
The School Educational Secretary, Education Department
The Account General (Tamil Nadu)
The Head Mistress, Government Higher Secondary School, Palani
R.SUBRAMANIAN
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
