M.Ramalingam Vs the State of Tamil Nadu

3 THE SOCIAL WELFARE COMMISSIONER, DIRECTORATE OF SOCIAL WELFARE, WILLINGTON SEEMAATTI COLLEGE CAMPUS, KAMARAJ SALAI, CHENNAI – 600 005. ... Respondents

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Prayer:

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Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for records connected in Na.Ka.No.30144/Sa. Uthi.1(3)/2023 dated 10.11.2023 by the third respondent and to quash the same, thereby directing the respondents to enhance the Special Pension of the petitioners based on the prevailing Consumer Price Index.

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For Petitioners : Mr.M.Padmanaban For Respondents : Mr.R.U.Dinesh Raj Kumar Additional Government Pleader

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O R D E R

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The petitioners have filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to call for the records connected in Na.Ka.No.30144/Sa. Uthi.1(3)/2023 dated 10.11.2023 by the third respondent and to quash the same, thereby directing the respondents to enhance the special pension of the petitioners based on the prevailing consumer price index.

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

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W.P.No.580 of 2024

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2.The learned counsel appearing for the petitioners submitted that the petitioners are retired Noon Meal Organizer and they are drawing special pension and they made representation dated 22.06.2022 to the respondents seeking enhancement of pension in accordance with consumer price index and since the same was not considered, they filed W.P.No.20176 of 2022 and this Court vide order dated 21.06.2023 directed the respondents to consider the petitioners representation and to pass appropriate order, pursuant to which, the impugned order was passed. The learned counsel further submitted that if the petitioners claim pension on par with the Government Employees, the power is available with the Government to take policy decision. Hence, this Court may without going into the merits of the case, grant liberty to the petitioners to make representation before the Government seeking pension on par with the Government Employees and issue direction to the Government to consider the same and to pass appropriate orders.

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3.Considering the limited relief now sought for by the learned

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counsel appearing for the petitioners, this Court, without expressing any opinion on the merits of the case, grants liberty to the petitioners to make representation before the Government seeking pension on par

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

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W.P.No.580 of 2024

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with the Government Employees, within a period of four weeks from the date of receipt of a copy of this order. If any such representation is made by the petitioners, the Government shall consider the same, on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks thereafter.

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4.The writ petition is disposed of. No costs.

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08.01.2026

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pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No

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To

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