P.Munisamy Vs the Secretary to Government

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W.P.No.25147 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.09.2025

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CORAM :

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THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

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W.P.No.25147 of 2025

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1.P.Munisamy 2.D.Hanuk 3.T.Magimai Doss 4.D.Renganathan 5.M.Venkatesan 6.P.Munirathinam 7.S.Vijaya Kumar 8.R.Muninathan 9.P.Umapathy 10.G.Badhmanaban 11.M.Siva 12.G.Venkatesan 13.M.Jaishankar 14.M.Shankar .. Petitioners

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vs

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1.The Secretary to Government of Tamil Nadu Municipal Administration and Water Supply Department, Fort St.George, Chennai – 9. 2.The Commissioner for Municipal Administration, No.75, Urban Administrative Building, Santhome High Road, Chennai – 600 028. 3.The Commissioner, Vellore Corporation, Vellore District. .. Respondents

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https://www.mhc.tn.gov.in/judis

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W.P.No.25147 of 2025

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Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to bring the petitioners under Old Pension Scheme from the date on which they were brought under regular time scale and to refund the subscriptions collected from the Petitioners under New Pension Scheme to the Petitioners and consequently to count the 50% of their past service rendered prior to their regularisation along with regular service for the purpose of calculating Pension as per the Full Bench decision of this Court dated 03.12.2019 reported in 2019 (6) CTC 705.

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For Petitioners : Mr.P.I.Thirumoorthy For Respondents : Mr.C.Selvaraj, Additional Government Pleader for R1, R2 Mr.P.S.Prabhu for R3

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ORDER

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The prayer in this writ petition is for a writ of mandamus directing the respondents to bring the petitioners under Old Pension Scheme from the date on which they were brought under regular time scale and to refund the subscriptions collected from the petitioners under New Pension Scheme and to consequently count 50% of their past services rendered prior to their regularisation,

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https://www.mhc.tn.gov.in/judis

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W.P.No.25147 of 2025

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along with regular service, for the purpose of calculating Pension as per the Full Bench decision of this Court in the case of Government of Tamil Nadu and others v R.Kaliyamoorthy reported in [2019 (6) CTC 705].

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The case of the petitioners is that they were appointed as Sanitary Workers in the third respondent Corporation on consolidated basis. Based on the orders dated 22.08.2011 and 22.06.2011 in W.P.Nos. 9138 of 2011 & W.P.No.10421 of 2011, the petitioners were brought under regular time scale of pay with effect from 16.07.2001, 11.11.2000 and 24.08.2013 & 01.01.2001, respectively, vide proceedings issued on 31.10.2014. It is their plea that they were made regular much prior to the implementation of the Contributory Pension Scheme (CPS) and, therefore, they are entitled to be brought under the Old Pension Scheme.

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When the matter is taken up for hearing today, learned Additional Government Pleader, would submit that the petitioners have not even made any representation to the authorities concerned so far.

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4. Heard both sides.

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https://www.mhc.tn.gov.in/judis

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W.P.No.25147 of 2025

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From the records it is seen that the petitioners have not made any representation so far and, therefore, this Court directs the petitioners to forthwith make representation before the Commissioner, Vellore Corporation / third respondent. As and when such representations are made by petitioners, the authority concerned shall consider the same in the light of the judgment in Kaliyamoorthy (supra) and pass orders on its own merits and in accordance with law within a period of six (6) weeks from the date of receipt of representation. It is made clear that this Court has not expressed any opinion on the merits of the claim made by the petitioners.

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